MINUTES OF
Board of Regents
of
Stephen F. Austin State University
VOLUME NO. 37
July 30, 1977
Huxley Bay, Texas
I N I) H X
Minutes of the Meeting
Stephen F. Austin State University
Board of Regents
held in Huxley Bay, Texas
July 30, 1977
VOLUME NO. 37
Page
77-66 Approval of April 23, 1977 Minutes 37-2
77-67 Adjustments to the Summer Budget 37-~2
77-68 Changes in Status 37-3
77-69 Faculty and Staff Appointments 37-4
77-70 Resignations 37-8
77-71 Changes in Status 37-10
77-72 Requests for Leave 37-10
77-73 Returns from Leave 37-11
77-74 Retirements 37-11
77-75 Promotion 37-12
77-76 Approval of SFASU Cairous Master Plan Update 37-13
77-77 Architectural Contract - Golemon § Rolfe -
Student Health Services Facilities 37-13
77-78 Appointment of Bond Counsel - McCall, Parkhurst
§ Horton 37-40
77-79 Appointment of Fiscal Advisors - Russ Securities Corp. 37-40
77-80 Approval of Student Health Services Facilities1 Plans 37-40
77-81 Architectural Contract - Kent-Marsellos-Scott - Reno
vation Birdwell Building § Ag Shop Building 37-40
77-82 Approval of Renovation of Birdwell Building and
Ag Shop Building 37-65
77-83 Approval of Change Order No. 1 - Agriculture Building 37-65
77-84 Approval of Change Order No. 1 - Agriculture Greenhouse 37-65
77-85 Approval of Budget Adjustments 37-65
77-86 Approval of University's Annual Operating Budget for FY78 37-65
77-87 Extension of Bank Depository Contracts 37-66
77-88 Authorization to Sign Checks and Vouchers 37-66
77-89 Approval of Official Travel 37-66
77-90 Approval of Travel Vouchers for Members of the Board
of Regents 37-66
77-91 Approval of Guidelines for Administration of Tuition
and Scholarships 37-66
77-92 Authorization to Obtain Professional Engineering
Assistance (Fire Detection § Alarm Systems for
Dormitory 17 and Garner Apartments Buildings) 37-67
77-93 Naming of Building for Dr. Lucille Norton 37-67
77-94 Authorization to Remodel Military Science Building 37-67
?7-95 Authorization to Obtain Architectural-Engineering
Professional Assistance for Ceiling Lighting in
? Fine Arts Building 37-67
77-96 Ratification of Payment to Loggins Construction Company
fT Authorization to Write Letter to Attorney General 37-67
77-97 Appreciation Extended to Homer Bryce for Hosting
Meeting at Huxley Bay 37-68
77-98 Approval of Curriculum Changes 37-69
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD IN HUXLEY BAY, TEXAS
July 30, 1977
The meeting was called to order by James I. Perkins, Chairman of the
Board of Regents, at 10:00 a.m. July 30, 1977.
PRESENT:
ABSENT:
PRESENT:
Members: James I. Perkins of Rusk
Walter C. Todd of Dallas
Peggy Wedgeworth Wright of Nacogdoches
Mrs. George Cullum, Jr. of Dallas
Glenn Justice of Dallas
Ernest Powers of Carthage
Homer Bryce of Henderson
Robert C. Gray of Austin
Joe Bob Golden of Jasper
C. G. Haas, Secretary to the Board
Dr. William R. Johnson, President of the University
Dr. Billy Joe Franklin, Vice President for Academic
Affairs, SFASU
Dr. Gordon Beasley, Vice President for Student
Affairs, SFASU
PRESENT:
Visitors: Wilbur Kent (Architect) - Kent-Marsellos-Scott,
Lufkin, Texas
Harry Harwood (Architect) - Golemon and Rolfe,
Houston, Texas
Bob Francis, President, Student Government Assoc.
77-66
Upon motion of Regent Todd, seconded by Regent Cullum, with all
members voting aye, it was ordered that the minutes of the meeting of
April 23, 1977, be approved.
77-67
Upon motion of Regent Wright, seconded by Regent Powers, with all
members voting aye, it was ordered that the following adjustments to
the summer budget be approved:
1. Division of Applied Arts and Sciences
Dr. Ronnie G. Barra, 40, Ph.D. (Louisiana State University),
Associate Professor of Health and Physical Education at a
salary rate of $3,083 for the First Summer Term, 1977.
Ms. Ethel W. Calloway, 37, M.S. (East Texas State University),
Instructional Assistant in Secondary Education at a salary
rate of $500 (20% time) for the First Summer Term, 1977.
Dr. Allen G. Cannon, 53, Ph.D. (University of Texas-Austin),
Visiting Professor of Education at a salary rate of $1,100.
(20% time) for the First Summer Term, 1977.
Ms. Vera G. Graham, 43, M.Ed. (Northwestern State University),
Assistant Professor of Secondary Education at a salary rate
of $2,500 for the First Summer Term, 1977.
Dr. Douglas Prewitt, 42, Ph.D. (Texas A§M University), In
structor of Secondary Education at a salary rate of $2,200 for
the Second Summer Term, 1977.
2. School of Forestry
Mr. Charles K. Phillips, Instructor in Management and Marketing,
50% time at a salary rate of $1,207.85 for the Second Summer
Term, 1977.
3. Department of Physics
Dr. Donald 0. Pederson, Visiting Professor from the University
of Arkansas, 100% time at a salary rate of $1,500 for Summer
III (a), 1977.
Dr. Charles H. Rogers, Visiting Professor from University of
Arkansas, 100% time at a salary rate of $1,500 for Summer III
(b), 1977.
Dr. Carl Thomas Rutledge, Visiting Professor from University of
Arkansas, 100% time at a salary rate of $1,500 for Summer III(c),
1977.
37-2
4. Department of Sociology
Dr. David Petty, Instructor of Sociology, 100% time at a
salary rate of $2,208.33 for First Summer Term, 1977. Dr.
Petty was inadvertently omitted from the summer budget.
77-68
Upon motion of Regent Todd, seconded by Regent Justice, with all members
voting aye, it was ordered that the following changes in status for the
summer budget be approved:
1. Department of Accounting
Dr. Cecil Dollar, Professor of Accounting, from 100% time
at a salary rate of $3,541.67 for First Summer Term to 100%
for First Summer Term and 100% time for Second Summer Term
at a salary rate of $7,083.33 for both terms.
Dr. John Whitt, Professor of Accounting and Acting Head of
Department, from 100% time for First and Second Summer Terms
at a salary rate of $7,250 to 100% time for the First Summer
Term only at a salary rate of $3,625.00.
2. Department of Art
Mr. Bert Rees, Associate Professor of Art, from 100% teaching
during First Summer Term to 100% teaching during Second Summer
Term at a salary rate of $3,124.99 for the Second Summer Term,
1977.
3. Department of Chemistry
Dr. Bennie F. Walker, Associate Professor of Chemistry, from
100% at a salary rate of $3,300 to 100% at a salary rate of
$4,000 for First Summer Term, 1977. This reflects amendment
to Robert A. Welch Grant No. AN-7086.
4. Department of English
Dr. Barbara Carr, Assistant Professor of English, to 50%
teaching for First Summer Term, 1977, at a salary rate of $1,083.33.
The 50% additional contingency option has been withdrawn.
Ms. Maurice Cecil, Assistant Professor of English, from 100%
for Second Summer Term to 50% for First Summer Term at a salary
rate of $1,270.83 and 100% for Second Summer Term at a salary
rate of $2,541.67. The additional 50% for First Summer Term
is necessitated by the withdrawal of Dr. Bruce Roach from the
First Summer Term staff.
37-3
Mr. Robert L. Verner, Assistant Professor of English, from
50% to 100% for First Summer Term at a salary rate of $2,333.33.
The additional 50% for First Summer Term is necessitated by
the withdrawal of Dr. Bruce Roach from the First Summer Term
staff.
Mr, William Whitescarver, Instructor of English, from 50%
to 100% for First Summer Term at a salary rate of $2,333.33.
The additional 50% for First Summer Term is necessitated by
the withdrawal of Mr. David Howard from the First Summer Term
staff.
5. Department of Modern Languages
Mr. Manuel Mendoza, Assistant Professor of Modern Languages,
from 50% time at a salary rate of $1,312.50 to 100% time at
a salary rate of $2,625.00 for"First Summer Term. The additional
50% time is necessitated by the resignation of Dr. Arthur
Ramirez.
6. Department of Secondary Education
Dr. Bennat Mullen, Professor of Secondary Education and
Director, Texas Center for Development of Human Resources, from
95% on Account 7123 and 5% on Account 7100 to 100% on Account
7123 at a salary rate of $32,500 for twelve months, effective
July 1-August 31, 1977.
77-69
Upon motion of Regent Bryce, seconded by Regent Todd, with all members
voting aye, it was ordered that the following individuals be employed
for the positions, dates, and salaries indicated:
1. Admissions Office
Mr. Patrick R. Bray, 25, M.A. (Stephen F. Austin State Univer
sity), Admissions Counselor at a salary rate of $10,000 for
twelve months, effective June 1, 1977 through August 31, 1977.
2. Department of Accounting
Mr. Bertin E. Howard, 39, M.B.A. (Lamar Tech University),
Instructor (25% time) of Accounting at a salary rate of $1,500
for the Fall Semester, 1977, only.
Mr. John Charles McAdams, 32, M.A. (Sam Houston State Univer
sity), Instructor of Accounting at a salary rate of $11,000
for nine months, effective Fall Semester, 1977. This is a
temporary appointment for the 1977-78 academic year.
37-4
Ms. Terrie Sue Peters, 23, M.B.Hd. (Stephen F. Austin State
University), Instructor of Accounting at a salary rate of
$11,000 for nine months, effective Fall Semester, 1977. This
is a temporary appointment for the 1977-78 academic year.
3. Department of Art
Mr. Gary Quitman Frields, 31, M.F.A. (Stephen F. Austin
State University), Graduate Intern in Art at a salary rate of
$9,000 for nine months, effective Fall Semester, 1977. This
is a temporary appointment for the 1977-78 academic year.
4. Department of Biology
Dr. Susan Eileen Harwood, 31, Ph.D. (Duke University),
Assistant Professor of Biology at a salary rate of $14,000
for nine months, effective Fall Semester, 1977.
5. Department of Communication
Mr. Robert Earl Hays, II, 31, M.S. (East Texas State Univer
sity), Assistant Professor of Communication at a salary rate
of $14,000 for nine months, effective Fall Semester, 1977.
6. Early Childhood Laboratory
Ms. Elizabeth Vaughn, 25, B.S.Ed. (Stephen F. Austin State
University), Kindergarten Teacher, at a salary rate of $2,400
for three months, effective June 1, 1977 through August 31, 1977.
7. Department of English
Ms. Sherry L. Bryant, 27, M.A. (Stephen F. Austin State Uni
versity), Graduate Intern in English at a salary rate of $9,000
for nine months, effective Fall Semester, 1977. This is a
temporary appointment for the 1977-78 academic year.
Ms. Annette Dawson, 38, M.S. (Stephen F. Austin State Uni
versity), Instructor of English (50% time) at a salary rate of
$2,843.50 for the Fall Semester, 1977, only.
Ms. Linda Sue Frame, 27, M.A. (Stephen F. Austin State Uni
versity), Graduate Intern in English (75% time) at a salary
rate of $6,750 for nine months, effective Fall Semester, 1977.
This is a temporary appointment for the 1977-78 academic year.
37-5
Mr. Vincent S. Goetz, 24, M.A. (Stephen F. Austin State
^Zl51^ '-GradUate Intern in English ^ a salary rate of
$9,000 for nine months, effective Fall Semester, 1977 This
is a temporary appointment for the 1977-78 academic year.
Ms. Constance H. Hall, 44, M.A. (Stephen F. Austin State
SXr«nSity)' Instructor of English (50%) at a salary rate of
$2,500 for the Fall Semester, 1977, only.
Ms. Joy E. McLemore, 31, M.A. (Stephen F. Austin State Uni
versity), Graduate Intern in English (50% time) at a salary
rate of $4,500 for nine months, effective Fall Semester, 1977
This is a temporary appointment for the 1977-78 academic
year.
Dr. Warren R. True, 31, Ph.D. (University of Tennessee),
Visiting Lecturer in English at a salary rate of $7,812 50 for
nine months, effective Fall Semester, 1977. (This is a 75% time
assignment for the Fall Semester, 1977, at a salary rate of
$4,687.50 for the semester, and a 50% time appointment for the
Spring Semester, 1978, at a salary rate of $3,125.00 for the
semester.)
Ms. Janet M. Zacharias, 25, M.A. (Stephen F. Austin State Uni
versity), Graduate Intern in English (50% time) at a salary
rate of $2,500 for the Fall Semester, 1977, only.
8. Department of Home Economics
Dr. Rebecca Raburn, 32, Ed.D. (Oklahoma State University)
Assistant Professor of Home Economics at a salary rate of '
$15,000 for nine months, effective Fall Semester, 1977.
9. Department of Mathematics
Dr. Donald L. Clark, 29, M.S. (Stephen F. Austin State Uni
versity), Graduate Intern in Mathematics at a salary rate of
$9,000 for nine months, effective Fall Semester, 1977.
10. Department of Modern Languages
Dr. William Myron Davis, 43, Ph.D. (New York University)
Assistant Professor of Modern Languages at a salary rate of
$16,000 for nine months, effective Fall Semester, 1977.
11. Department of Music
Dr. Tyrone Greive, 34, D.M.A. (University of Michigan)
Assistant Professor of Music at a salary rate of $14,500 for
nine months, effective Fall Semester, 1977.
37-6
Ms. Deborah Thomas, 25, M.M. (North Texas State Uni
versity), Instructor of Music at a salary rate of $11,000 for
nine months, effective Fall Semester, 1977.
12. Department of Political Science
Mr. Jimmy Dale Case, 29, M.A. (Texas Tech University),
Instructor of Political Science at a salary rate of $11,000
for nine months, effective Fall Semester, 1977.
13. Department of School Services
Dr. Bruce Allen Payette, 31, Ph.D. (University of Arizona)
Assistant Professor of School Services at a salary rate of
$14,000 for nine months, effective Second Summer Term, 1977.
Dr. William F. Weber, 31, Ed.D. (University of Northern
Colorado), Assistant Professor of School Services at a salary
rate of $15,000 for nine months, effective Fall Semester
1977.
14. Department of Sociology
Mr. Michael David Wiatrowski, 29, M.A. (Florida State
University), Assistant Professor of Sociology at a salary rate
of $13,000-$15,000 for nine months (the higher salary contingent
upon completion of the Ph.D. degree), effective Fall Semester
1977. '
15. Teacher Certification Office
Mr. George D. Lindsey, 33, M.S. (East Texas State University),
TV Technician-Supervisor at a salary rate of $12,0.00-for twelve
months, effective Fall Semester, 1977.
16. University Library
Dr. John Boyd Corbin, 42, Ph.D. (University of Oklahoma),
Associate Library Director for Technical Services at a salary
rate of $21,000 for twelve months, effective Fall Semester, 1977.
17. Office of the Vice President for Academic Affairs
Dr. Billy J. Franklin, 37, Ph.D. (University of Texas-Austin),
Vice President for Academic Affairs at a salary rate of $37,500
for twelve months, effective August 1, 1977.
37-7
18. University Computer Center
Ms. Patsy Reeves, 25, B.S. (Stephen F. Austin State Uni
versity) Programmer at a salary rate of $9,800 for twelve
months, effective July 11, 1977.
19. Student Affairs Division
Dr. John Robert Scott, 57, M.D. (Kansas University), Uni-velsity
^sician for Heal*h and Hospital Services at a salary
rate of $30,000 for 10-1/2 months, effective May 1, 1977.
20. Fiscal Affairs Division
Mr. James P. Doane, 31, B.S. (Lamar University), Traffic
Safety Coordinator, 4-18-77 to Q-^0-77 *+ o n -• -
rate of $1,335.00
77-70
Upon motion of Regent Justice, seconded by Regent Powers, with all
accepted: '^ ^' * ™ ^^ that the £ollowi"g resignations be
1. Office of the Vice President for Academic Affairs
aJ^ t T' LTiS> UI' Vice President for Academic Affairs
and Professor of Psychology, effective June 30, 1977. Dr
Lewis has accepted a position elsewhere.
2. Department of Accounting
Ms. Joy Ann Havran, Instructor of Accounting, effective
August 31, 1977. Ms. Havran will enter a doctoral program
at the University of Texas-Austin.
3. Department of Health and Physical Education
Mr. Joe W. Brittain, Instructor of Men's Health and Physical
Education, effective May 31, 1977. Mr. Brittain resigned for
personal reasons.
4. Department of Modern Languages
Ms. Ricci Mixon, Instructor of Modern Languages, effective
May 31, 1977. Ms. Mixon has completed her temporary assignment.
Dr. Arthur Ramirez, Assistant Professor of Modern Languages
effective May 31, 1977. Dr. Ramirez has accepted employment
elsewhere.
37-8
5. Department of Music
Mr. Stephen K. Goacher, Assistant Professor of Music ef
fective June 12, 1977. Mr. Goacher has accepted employment
elsewhere.
Ms. Betty Grout, Instructor of Music, effective May 31, 1977.
Ms. Grout resigned for personal reasons.
6. Department of School Services
Dr. Ida B. Anderson, Assistant Professor of School Services
effective August 31, 1977. Dr. Anderson has accepted a
position elsewhere.
Ms. Joy L. Mahaffey, Instructor of School Services, effective
August 31, 1977. Ms. Mahaffey has resigned for personal
reasons.
7. Department of Secondary Education
Ms. Karoline V. Ayres, Associate Director of Career Education
Project, effective June 30, 1977. The Career Education Project
ended as of.this date.
8. Department of Sociology
Mr. William F. Woodworth, Instructor of Sociology, effective
May 13, 1977. Mr. Woodworth has completed his temporary
assignment.
9. Teacher Certification Office
Mr. Fred L. Dempsey, AV/TV Technician/Supervisor, effective
March 31, 1977. Mr. Dempsey resigned for personal reasons.
10. Texas Center for Development of Human Resources
Mr. Johnny M. Sanchez, Coordinator for Texas Center, effective
June 17, 1977. Mr. Sanchez resigned for personal reasons.
11. University Computer Center
Mr. Tom Copeland, Data Control Analyst, effective June 30,
1977. Mr. Copeland has accepted employment elsewhere.
12. Student Affairs Division
Ms. Ann Commander, Assistant Clerk for University Postal
Services, effective May 13, 1977. Ms. Commander resigned to
devote more time to her family.
37-9
10
Dr. Corrine Jones, University Physician for Health and
Hospital Services, effective June 30, 1977. Dr. Jones wishes
to retire from active practice.
Dr. Geoffrey T. Grubb, University Physician for Health and
Hospital Services, effective July 5, 1977. Dr. Grubb has
accepted an internship at the state mental hospital in Austin
to continue his specialized study in psychiatry.
13. Physical Plant
Mr. Ted M. Eddings, Planner-Estimator, effective July 15,
1977. Mr. Eddings has accepted another position elsewhere.
77-71
Upon motion of Regent Cullum, seconded by Regent Powers, with all
members voting aye, it was ordered that the following changes in status
be approved:
1. Department of Sociology
Dr. David Lee Petty, Instructor of Sociology, to Assistant
Professor of Sociology. Dr. Petty was awarded the Ph.D. degree
from Texas ASM University on May 7, 1977 and has been recom
mended for promotion by his department head and dean.
2. Fiscal Affairs Division
Ms. Sue Evans, from Administrative Secretary for Computer
Center to Administrative Assistant/Secretary to the Traffic
Safety Coordinator, for the period 5-12-77 to 8-31-77 at a
monthly salary rate of $650.00.
77-72
Upon motion of Regent Justice, seconded by Regent Todd, with all members
voting aye, it was ordered that the following requests for leave be
granted:
1. Department of Computer Science
Mr. George W. Dailey, Assistant Professor of Computer Science,
effective July 1, 1977 through August 31, 1978. Mr. Dailey
will be enrolled full-time in a doctoral program at the Uni
versity of Southwestern Louisiana.
2. Department of Elementary Education
Ms. Rebecca Ann Sartin, Instructor of Elementary Education,
effective September 1, 1977 through May 31, 1978. Ms. Sartin
37-10
11
has requested an extension of her leave in order to complete
her doctoral studies at North Texas State University.
3. Department of Mathematics
Dr. Russell fi. Brasher, Associate Professor of Mathematics,
effective 1977-78 academic year. Dr. Brasher will be engaged
full-time in the study of applied mathematics/computer science/
statistics.
77-73
Upon motion of Regent Justice, seconded by Regent Powers, with all
members voting aye, it was ordered that the following returns from leave
be accepted:
1. Department of Economics and Finance
Dr. Chester Lee Allen, Associate Professor of Economics and
Finance, effective September 1, 1977. Dr. Allen served as
Visiting Professor at Virginia Tech during the 1976-77 academic
year.
2. Department of Political Science
Dr. Wayne E. Johnson, Associate Professor of Political
Science, effective June 1, 1977. Dr. Johnson held a Humanities
Fellowship in Residence for College Teachers at Princeton
University during the 1976-77 academic year.
3. Department of Sociology
Mr. William T. Toney, Jr., Instructor of Sociology, effective
September 1, 1977. Mr. Toney has been enrolled in a doctoral
program in Criminal Justice at Sam Houston State University.
77-74
Upon motion of Regent Bryce, seconded by Regent Cullum, with all members
voting aye, it was ordered that the following retirements be accepted:
1. Department of Health and Physical Education
Dr. Alvera Griffin, Professor of Health and Physical Education
effective July 1, 1977.
2. Student Affairs Division
Mr. Charles E. Spies, Maintenance Supervisor for University
Center Administration, effective May 31, 1977.
37-11
12
77-75
Upon motion of Regent Todd, seconded by Regent Justice, with all members
voting aye, it was ordered that the following promotion be approved:
(This individual has completed requirements for promotion and has been
recommended by the department head and dean.)
1. Department of Health and Physical Education
Ms. MargeAnn McMillan, from Instructor to Assistant Professor
of Health and Physical Education.
37-12
13
77-76
Upon motion of Regent Wright, seconded by Regent Cullum, with all
members voting aye, it was ordered that the SFASU Campus Master Plan
Update for the years 1977-1990 be approved as submitted under separate
cover.
77-77
Upon motion of Regent Justice, seconded by Regent Bryce, with all
members voting aye, it was ordered that the architectural contract with
Golemon and Rolfe of Houston, Texas, for the design and supervision of
the Student Health Service Facilities, be approved and that the Chair
man of the Board be authorized to sign the contract.
37-13
14
CONTRACT
STATE OF TEXAS
COUNTY OF NACOGDOCHES
This AGREEMENT made this 30th day of July in
the year of Nineteen Hundred and Seventy-seven.
BETWEEN
STEPHEN F. AUSTIN STATE UNIVERSITY,
Nacogdoches County, Texas, the Owner, and
GOLEMON & ROLFE, ARCHITECTS
5100 Travis Street
Kbuston, Texas, the Architect.
It is the intention of the Owner to construct a
University Health Service Building on the Stephen F. Austin
State University campus, Nacogdoches, Texas, the building
to be of approximately 13, 000 gross square feet, hereinafter
referred to as the Project.
The Owner and the Architect agree as set forth
below.
37-14
15
I- The Architect shall provide professional services
for the Project in accordance with the Terms and Conditions of
this Agreement.
II. The Owner shall compensate the Architect, in accordance
with the Terms and Conditions of this Agreement, as follows:
A.. For the Architect's Basic Services, as described in
Paragraph 1. 1 with the exception of periodic visits to the site des
cribed in subparagraph 1. 1. 14, compensation shall be the lesser of:
1) The time of the Architect's personnel at a multiple of
two and five-tenths (2. 5) times Direct Personnel Expense as defined
in Article 4, plus services of professional consultants at the amount
billed to the Architect for such services, plus direct expenses of the
Architect in connection with the project at the cost to the Architect, or
2) Forty-five thousand eight hundred dollars ($45,800.00).
For the Architect's basic services described in subparagraph 1. 1. 14,
compensation of three hundred dollars ($300. 00) for each one-day visit.
Paragr
B. For the Architect's Additional Services, as described
in Article 1.3, a sum computed as follows:
37-15
16
1. The time of the Architect's personnel
computed at a multiple of two and five-tenths
(2. 5) times Direct Personnel
Expense as defined in Article 4, plus
2. The services of Professional Consultants
at a multiple of one and one-tenth (1.1)
times the amount billed to the Architect
by the consultants for such services.
C. If the scope of the Project is changed materially,
the Architect's compensation for professional
services, as set forth in Paragraph IIA, shall be
adjusted by mutual consent.
The compensation set forth in Paragraph IIA
will be subject to renegotiation if the services
covered by this Agreement have not been completed
within eighteen (18) months of the date hereof.
D. For the Architect's Reimbursable Expenses,,
amounts expended as defined in Article 5.
.37-16
17
E. The times and further conditions of payment
shall be as described in Article 6.
ARTICLE 1
ARCHITECT'S SERVICES
1. 1 BASIC SERVICES
The Architect's Basic Services consist of the five
phases described below and include normal structural,
mechanical, and electrical engineering services.
SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall consult with the Owner to ascertain
the requirements of the Project and shall confirm such requirements
to the Owner.
1.1.2 The Architect shall prepare Schematic Design Studies
consisting of drawings and other documents illustrating the scale
and relationship of Project components for approval by the Owner.
1.1.3 The Architect shall submit to the Owner a Statement of
Probable Construction Cost based on current area, volume or other
unit costs.
37-17
18
DESIGN DEVELOPMENT PHASE
1.1-4 The Architect shall prepare from the approved
Schematic Design Studies, for approval by the Owner, the
Design Development Documents consisting of drawings and
other documents to fix and describe the size and character
of the entire Project as to structural, mechanical and
electrical systems, materials and such other essentials as
may be appropriate.
1.1.5 The Architect shall submit to the Owner a further
Statement of Probable Construction Cost.
CONSTRUCTION DOCUMENTS PHASE
1.1.6 The Architect shall prepare from the approved
Design Development Documents, for approval by the Owner,
Working Drawings and Specifications setting forth in detail
the requirements for the construction of the entire Project,
including the necessary bidding information, and shall assist in
the preparation of bidding forms, the Conditions of the Contract,
and the form of Agreement between the Owner and the Contractor.
1.1.7 The Architect shall advise the Owner of any adjustments
to previous Statements of Probable Construction Cost indicated
by changes in requirements or general market conditions.
37-18
19
1.1.8 The Architect shall assist the Owner in filing the
required documents for the approval of governmental authori
ties having jurisdiction over the Project.
BIDDING OR NEGOTIATION PHASE
1.1.9 The Architect, following the Owner's approval of
the Construction Documents and of the latest Statement of
Probable Construction Cost, shall assist the Owner in obtaining
bids or negotiated proposals, and in awarding and preparing
construction contracts.
CONSTRUCTION PHASE - ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
1.1.10 The Construction Phase will commence with the
award of the Construction Contract and will terminate when
the final Certificate for Payment is issued to the Owner.
1.1.11 The Architect shall provide Administration of the
Construction Contract as set forth in Articles 1 through 14
inclusive of the latest edition of ALA Document A201, General
Conditions of the Contract for Construction, and the extent
of his duties and responsibilities and the limitations of his
authority as assigned thereunder shall not be modified without
his written consent.
37-19
20
I. 1. 12 The Architect, as the representative of the Owner
during the Construction Phase, shall advise and consult with
the Owner and all of the Owner's instructions to the Contractor
shall be issued through the Architect. The Architect shall have
authority to act on behalf of the Owner to the extent provided in
the General Conditions unless otherwise modified in writing.
1.1.13 The Architect shall at all times have access to the
Work wherever it is in preparation or progress.
1. 1. 14 The Architect shall make periodic visits to the site
to familiarize himself generally with the progress and quality
of the Work and to determine in general if the Work is proceeding
in accordance with the Contract Documents. On the basis of
his on-site observations as an architect, he shall endeavor to
guard the Owner against defects and deficiencies in the Work of
the Contractor. The Architect shall not be required to make
exhaustive or continuous on-site inspections to check the quality
or quantity of the Work. The Architect shall not be responsible
for construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in
connection with the Work, and he shall not be responsible for
the Contractors failure to carry out the Work in accordance with
the Contract Documents.
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1 . 1 . 1 5 ■ Based on such observations at the site and on the
Contractor's Applications for Payment, the Architect shall
determine the amount owing to the Contractor and shall issue
Certificates for Payment in such amounts. The issuance of
a Certificate for Payment shall constitute a representation by
the Architect to the Owner, based on the Architect's observations
at the site as provided in subparagraph 1.1.14 and the data
comprising the Application for Payment, that the Work has
progressed to the point indicated; that to the best of the
Architect's knowledge, information and belief, the quality of
the Work is in accordance with the Contract Documents (subject
to an evaluation of the Work for conformance with the Contract
Documents upon Substantial Completion, to the results of any
subsequent tests required by the Contract Documents, to minor
deviations from the Contract Documents correctable prior to
completion, and to any specific qualifications stated in the
Certificate for Payment); and that the Contractor is entitled to
payment in the amount certified. By issuing a Certificate for
Payment, the Architect shall not be deemed to represent that he
has made any examination to ascertain how and for what purpose
the Contractor has used the moneys paid on account of the
Contract Sum.
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1.1.16 The Architect shall be, in the first instance, the
interpreter of the requirements of the Contract Documents and
the impartial judge of the performance thereunder by both the
Owner and Contractor. The Architect shall make decisions on
all claims of the Owner or Contractor relating to the execution
and progress of the Work and on all other matters or questions *
related thereto. The Architect's decisions in matters relating
to artistic effect shall be final if consistent with the intent of
ihe Contract Documents.
1. 1. 17 The Architect shall have authority to reject Work
which does not conform to the Contract Documents. Whenever,
in his reasonable opinion, he considers it necessary or advisable
to insure the proper implementation of the intent of the Contract
Documents, he will have authority to require special inspection
or testing of any Work in accordance with the provisions of the
Contract Documents whether or not such Work be then fabricated,
installed or completed.
1. 1. 18 The Architect shall review and approve shop drawings,
samples, and other submissions of the Contractor only for con-formance
with the design concept of the Project and for compliance
with the information given in the Contract Documents,
1. 1. 19 The Architect shall prepare Change Orders.
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23
1. 1.20 The Architect shall conduct inspections to determine
the Dates of Substantial Completion and final completion, shall
receive and review written guarantees and related documents
assembled by the Contractor, and shall issue a final Certificate
for Payment.
1. 1.21 The Architect shall not be responsible for the acts
or omissions of the Contractor, or any subcontractors, or any
of the Contractor's or subcontractors1 agents or employees, or
any other persons performing any of the Work.
1 . 2 Omitted
1.3 ADDITIONAL SERVICES
If any of the following Additional Services are
authorized by the Owner, they shall be paid for
by the Owner as hereinbefore provided.
1.3. 1 Providing special analyses of the Owner's needs,
and programming the requirements of the Project.
1. 3.2 Providing financial feasibility or other special studies.
1.3.3 Providing planning surveys, site evaluations, or
comparative studies or prospective sites.
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•• 3.4 Providing design services relative to future
facilities, systems and equipment which are not intended to
be constructed as part of the Project.
1. 3. 5 Providing services to investigate existing
conditions or facilities or to make measured drawings thereof,
or to verify the accuracy of drawings or other information fur
nished by the Owner.
1.3.6 Preparing documents for alternate bids or out-of-sequence
services requested by the Owner.
1.3.7 Providing Detailed Estimates of Construction Cost
or detailed quantity surveys or inventories of material, equipment
and labor.
1.3.8 Providing interior design and other services required
for or in connection with the selection of furniture and furnishings.
1.3.9 Providing services for planning tenant or rental spaces.
1.3.10 Making revisions in Drawings, Specifications, or other
documents when such revisions are inconsistent with written
approvals or instructions previously given and are due to causes
beyond the control of the Architect.
1. 3. 11 Making investigations involving detailed appraisals
and valuations of existing facilities, and surveys or inventories
required in connection with construction performed by the Owner.
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1. 3. 12 Providing consultation concerning replacement of
any Work damaged by fire or other cause during construction,
and furnishing professional services of the type set forth in
Paragraph 1. 1 as may be required in connection with the
replacement of such Work.
1.3. 13 Providing professional services made necessary
by the default of the Contractor or by major defects in the
Work of the Contractor in the performance of the Construction
Contract.
1. 3. 14 Preparing a set of reproducible record prints of
drawings showing significant changes in the Work made during
the construction process, based on marked-up prints, drawings
and other data furnished by the Contractor to the Architect.
1. 3. 15 Providing extensive assistance in the utilization
of any equipment or system such as initial start-up or testing,
adjusting and balancing, preparation of operating and maintenance
manuals, training personnel for operation and maintenance, and
consultation during operation.
1. 3. 16 Providing Contract Administration and observation
of construction after the Construction Contract Time has been
exceeded or extended by more than 30 days through no fault of
the Architect.
*■ 437-25
26
1.3. 17 Providing services after issuance to the Owner
of the final Certificate for Payment.
1.3. 18 Preparing to serve or serving as an expert
witness in connection with any public hearing, arbitration
proceeding or legal proceeding.
1. 3. 19 Providing services of professional consultants
for other than the normal structural, mechanical and
electrical engineering services for the Project.
1. 3.20 Providing any other services not otherwise
included in this Agreement or not customarily furnished in
accordance with generally accepted architectural practice.
1.3.21 Providing drawings and/or other documents for
foundation redesign due to unforeseen conditions or for major
changes in partition layout or space usage.
1.3.22 Preparing drawings and/or other documents as may
be required by governmental authorities, private utility com
panies, or other outside parties, which are in addition to the
normal contract documents required to obtain a bona fide
Contractor's bid for the construction of this Project.
1.3.23 Providing consultation in the determination of
liquidated damages due from the Contractor in the event that
the conditions warrant such action.
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ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2. 1 The Owner shall provide full information regarding
his requirements for the Project.
2.2 The Owner shall designate, when necessary, a rep
resentative authorized to act in his behalf with respect to the
Project. The Owner or his representative shall examine docu
ments submitted by the Architect and shall render decisions
pertaining thereto promptly, to avoid unreasonable delay in the
progress of the Architect's work.
2. 3 The Owner shall furnish a certified land survey of
the site giving, as applicable, grades and lines of streets,
alleys, pavements and adjoining property; rights-of-way, restric
tions, easements, encroachments, zoning, deed restrictions,
boundaries and contours of the site; locations, dimensions and
complete data pertaining to existing buildings, other improve
ments and trees; and full information concerning available
service and utility lines both public and private, above and below
grade, including inverts and depths.
2.4 The Owner shall furnish the services of a soils
engineer or other consultant when such services are deemed
necessary by the Architect, including reports, test borings, test
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pits, soil bearing values, percolation tests, air and water
pollution tests, ground corrosion and resistivity tests and other
necessary operations for determining subsoil, air and water
conditions, with appropriate professional interpretations
thereof.
2.5 The Owner shall furnish structural, mechanical,
chemical and other laboratory tests, inspections and reports as
required by law or the Contract Documents.
2.6 The Owner shall furnish such legal, accounting, and
insurance counselling services as may be necessary for the
Project, and such auditing services as he may require to
ascertain how or for what purposes the Contractor has .used the
moneys paid to him under the Construction Contract.
2.7 The services, information, surveys and reports
required by Paragraphs 2. 3 through 2. 6 inclusive shall be
furnished at the Owner's expense, and the Architect shall be
entitled to rely upon the accuracy and completeness thereof.
2.8 If the Owner observes or otherwise becomes aware
of any fault or defect in the Project or non-conformance with
the Contract Documents, he shall give prompt written notice
thereof to the Architect.
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2.9 The Owner shall furnish information required
of him as expeditiously as necessary for the orderly pro
gress of the Work.
ARTICLE 3
CONSTRUCTION COST
3. 1 The Construction Cost shall be the total cost or
estimated cost to the Owner of all Work designed or specified,
by the Architect, and shall be determined as follows, with
precedence in the order listed:
3.1.1 For completed construction, the total cost of
all such Work.
3.1.2 For Work not constructed, (1) the lowest bona
fide bid received from a qualified bidder for any or all of
such Work, or (2) if the Work is not bid, the bona fide
negotiated proposal submitted for any or all of such Work; or
3.1.3 For Work for which no such bid or proposal is
received, (1) the latest Detailed Estimate of Construction Cost
if one is available, or (2) the latest Statement of Probable
Construction Cost.
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3.2 Construction Cost does not include the compen
sation of the Architect and consultants, the cost of the land,
rights-of -way , or other costs which are the responsibility
of the Owner as provided in Paragraphs 2. 3 through 2. 6 in
clusive.
3. 3 Labor furnished by the Owner for the Project
shall be included in the Construction Cost at current market
rates including a reasonable allowance for overhead and
profit. Materials and equipment furnished by the Owner
shall be included at current market prices, except that
used materials and equipment shall be included as if pur
chased new for the Project.
3.4 Statements of Probable Construction Cost and
Detailed Cost Estimates prepared by the Architect represent
his best judgment as a design professional familiar with
the construction industry. It is recognized, however, that
neither the Architect nor the Owner has any control over
the cost of labor, materials or equipment, over the
contractors' methods of determining bid prices, or over
competitive bidding or market conditions. Accordingly, the
Architect cannot and does not guarantee that bids will not
vary from any Statement of Probable Construction Cost or
*37-3'0
31
other cost estimate prepared by him.
3. 5 When a fixed limit of Construction Cost is
established as a condition of this Agreement, it shall include
a bidding contingency of ten percent unless another amount is
agreed upon in writing. When such a fixed limit is established,
the Architect shall be permitted to determine what materials,
equipment, component systems and types of construction are
to be included in the Contract Documents, and to make
reasonable adjustments in the scope of the Project to bring
it within the fixed limit. The Architect may also include in
the Contract Documents alternate bids to adjust the Construction
Cost to the fixed limit.
3. 5. 1 If the lowest bona fide bid or negotiated proposal,
the Detailed Cost Estimate or the Statement of Probable
Construction Cost exceeds such fixed limit of Construction
Cost (including the bidding contingency) established as a con
dition of this Agreement, the Owner shall (1) give written
approval of an increase in such fixed limit, (2) authorize
rebidding the Project within a reasonable time, or (3)
cooperate in revising the Project scope and quality as required
to reduce the Probable Construction Cost. In the case of (3)
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32
the Architect, without additional charge, shall modify the
Drawings and Specifications as necessary to bring the
Construction Cost within the fixed limit. The providing
of such service shall be the limit of the Architect's respon
sibility in this regard, and having done so, the Architect
shall be entitled to compensation in accordance with this
Agreement.
ARTICLE 4
DIRECT PERSONNEL EXPENSE
4. 1 Personnel engaged on the Project by the Architect
includes architects, engineers, designers, job captains,
draftsmen, specification writers and typists, in consultation,
research and design, in producing Drawings, Specifications
and other documents pertaining to the Project, and in services
during construction at the site.
4.2 Direct Personnel Expense includes cost of salaries
and of mandatory and customary benefits such as statutory
employee benefits, insurance, sick leave, holidays and vaca
tions, pensions and similar benefits.
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ARTICLE 5
REIMBURSABLE EXPENSES
5. 1 Reimbursable Expenses are in addition to the Com
pensation for Basic and Additional Services and include actual
expenditures made by the Architect, his employees, or his
professional consultants in the interest of the Project for the
expenses listed in the following Subparagraphs:
5. 1. 1 Expense of transportation and living when traveling
in connection with the Project except travel to and from the
Architect's or Professional Consultant's office and the project
site; and fees paid for securing approval of authorities having
jurisdiction over the Project.
5. 1.2 Expense of reproductions for bidding purposes,
postage and handling of Drawings and Specifications to Contractor.
5. 1. 3 If authorized in advance by the Owner, expense of
overtime work requiring higher than regular rates and expense
of renderings or models for the Owner's use.
5. 1.4 Expense of computer time when used in connection
with Additional Services.
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ARTICLE 6
PAYMENTS TO THE ARCHITECT
6. 1 Payments on account of the Architect's Compensa
tion shall be made as follows:
6. 1. 1 Payments of the Stipulated Sum as provided in
Paragraph IIA shall be made monthly in proportion to services
performed so that the total payments on account of the Stipulated
Sum at the completion of each Phase of the Architect's Services
shall equal the following percentages:
<o Schematic Design Phase 15%
Design Development Phase 35%
Construction Documents Phase 75%
Bidding or Negotiation Phase 80%
Construction Phase 100%
6.2 Payments for time of Architect's personnel and ser
vices of professional consultants and direct expenses as provided
in Paragraphs IIA, and IIB (pages 2 and 3), and for Reimbursable
Expenses as defined in Article 5 shall be made monthly upon
presentation of the Architect's statement of services rendered.
6. 3 No deductions shall be made from the Architect's
compensation on account of penalty, liquidated damages, or
other sums withheld from payments to contractors.
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6.4 If the Project is suspended for more than three
months or abandoned in whole or in part, the Architect shall
be paid his compensation for services performed prior to
receipt of written notice from the Owner of such suspension or
abandonment, together with Reimbursable Expenses then
due and all terminal expenses resulting from such suspension
or abandonment. If the Project is resumed after being
suspended for more than three months, the Architect's Com
pensation shall be subject to renegotiation.
6.5 Payments due the Architect under this Agreement
shall bear interest at the legal rate commencing sixty days after
the date of billing.
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
Records of the Architect's Direct Personnel, Consultant and
Reimbursable Expenses pertaining to the Project shall be kept on
a generally recognized accounting basis and shall be available
to the Owner or his authorized representative at mutually conven
ient times.
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ARTICLE 8
TERMINATION OF AGREEMENT
This Agreement may be terminated by either party upon seven
days1 written notice should the other party fail substantially to
perform in accordance with its terms through no fault of the other.
In the event of termination due to the fault of others than the
Architect, the Architect shall be paid his compensation for services
performed to termination date, including Reimbursable Expenses
then due and all terminal expenses.
ARTICLE 9
OWNERSHIP OF DOCUMENTS
Drawings and Specifications as instruments of service are and
shall remain the property of the Architect whether the Project
for which they are made is executed or not. They are not to be
used by the Owner on other projects or extensions to this Project
except by agreement in writing and with appropriate compensation
to the Architect.
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37
ARTICLE 10
SUCCESSORS AND ASSIGNS
The Owner and the Architect each binds himself, his partners,
successors, assigns and legal representatives to the other party
to this Agreement and to the partners, successors, assigns and
legal representatives of such other party with respect to all
covenants of this Agreement. Neither the Owner nor the Architect
shall assign, sublet or transfer his interest in this Agreement
without the written consent of the other.
ARTICLE 11
ARBITRATION
11.1 All claims, disputes and other matters in question
arising out of, or relating to, this Agreement or the breach thereof
shall be decided by arbitration in accordance with the Construction
Industry Arbitration Rules of the American Arbitration Association
then obtaining unless the parties mutually agree otherwise. This
agreement to arbitrate shall be specifically enforceable under
the prevailing arbitration law.
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11.2 Notice of the demand for arbitration shall be filed
in writing with the other party to this Agreement and with the
American Arbitration Association. The demand shall be made with
in a reasonable time after the claim, dispute or other matter in
question has arisen. In no event shall the demand for arbitration
be made after the date when institution of legal or equitable proceed
ings based on such claim, dispute or other matter in question
would be barred by the applicable statute of limitations.
11.3 The award rendered by the arbitrators shall be final,
and judgment may be entered upon it in accordance with applicable
law in any court having jurisdiction thereof.
ARTICLE 12
EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement
between the Owner and the Architect and supersedes all prior
negotiations, representations or agreements, either written or
oral. This Agreement may be amended only by written instrument
signed by both Owner and Architect.
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ARTICLE 13
GOVERNING LAW
Unless otherwise specified, this Agreement shall be governed
by the law of the principal place of business of the Architect.
This Agreement executed the day and year first written above.
SEAL THE BOARD OF REGENTS OF
STEPHEN F. AUSTIN STATE
UNIVERSITY
ATTEST
o
C. G. Haas, Secretary iames I. Perkins, Chairman
GOLEMON & ROLFE, ARCHITECTS
Harry A^7Golemon, Partner
Texas/No. 2052
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77-73
Upon motion of Regent Justice, seconded by Regent Todd, with all members
voting aye, it was ordered that the law firm of McCall, Parkhurst and
Norton of Dallas, Texas, be appointed as bond counsel for the issuance
of General Fee Revenue Bonds to finance the Student Health Service
Facilities.
77-79
Upon motion of Regent Justice, seconded by Regent Todd, with all members
voting aye, it was ordered that the firm of Russ Securities Corporation
of San Antonio, Texas, be appointed, as fiscal advisors to assist the
University in issuing the General Fee Bonds to finance the Student Health
Service Facilities.
77-80
Upon motion of Regent Bryce, seconded by Regent Justice, with all members
voting aye, it was ordered that the preliminary plans and cost estimate
of the Student Health Service Facilities be approved; that the University
be authorized to advertise for bids for the purpose of bringing a contract
to the October meeting of the Board; and that the University be authorized
to obtain the approval of the project from the Coordinating Board.
77-81
Upon motion of Regent Bryce, seconded by Regent Todd, with all members
voting aye, it was ordered that the contract for architectural services
of the firm of Kent-Marsellos-Scott of Lufkin, Texas, for the design and
supervision of construction of the renovating of the Birdwell Building
and the Ag Shop Building, be approved and the Chairman of the Board be
authorized to sign the contract.
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CONTRACT FOR ARCHITECTURAL SERVICES
CITY OF NACOGDOCHES
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
THIS AGREEMENT made as of the Thirtieth day of July in
the year Nineteen Hundred and Seventy Seven and between the BOARD OF
REGENTS STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES,
TEXAS acting herein by and through its President, hereinafter called the Owner,
and KENT-MARSELLOS-SCOTT, ARCHITECTS-ENGINEERS, Lufkin, Texas
hereinafter called the Architect.
WITNESSETH, whereas the Owner intends to erect on the campus of
Stephen F. Austin State University, Nacogdoches, Texas, AGRICULTURE SHOP
BUILDING RENOVATIONS AND BIRDWELL BUILDING RENOVATIONS
hereinafter called the Project.
NOW, THEREFORE, the Owner and the Architect for the considerations
hereinafter set forth agree as follows:
I. The Architect shall provide professional services for the Project in
accordance with the Terms and Conditions of .this Agreement.
II. The Owner shall compensate the Architect in accordance with the
Terms and Conditions of this Agreement as follows:
a) For the Architect's Basic Services, as described in Para
graph 1.1; ten percent (10%) of the project construction
cost; hereinafter referred to as the Basic Rate, and such
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42
other payments and reimbursements as may hereinafter
be provided, but all such payments and every payment
herein provided shall be from appropriated funds of 65th
Legislature, Regular Session, for Major Improvements and
Repairs for Stephen F. Austin State University
and other funds available to the Owner for expenditure
for the use and benefit of Stephen F. Austin State University.
b) For the Architect's Additional Services as described in
Paragraph 1.3 Compensation for Principals, employees,
and consultants time as agreed upon between the Owner
and the Architect.
c) For the Architect's Reimbursable Expenses, amounts
expended as defined in Article 5.
III. The Architect and the Owner further agree to the following Terms
and Conditions:
ARTICLE 1
ARCHITECT'S SERVICES
1.1 BASIC SERVICES
The Architect's Basic Services consist of the five phases described
below and include normal structural, mechanical and electrical engi
neering services and any other services included in Article 14 as
Basic Services.
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SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall review the program furnished by the Owner to
ascertain the requirements of the Project and shall confirm such re
quirements to the Owner.
1.1.2 Based on the mutually agreed upon program, the Architect shall pre
pare Schematic Design Studies consisting of drawings and other docu
ments illustrating the scale and relationship of Project components for
approval by the Owner.
1.1.3 The Architect shall submit to the Owner a Statement of Probable Con
struction Cost based on current area, volume or other unit costs.
DESIGN DEVELOPMENT PHASE
1.1.4 The Architect shall prepare from the approved Schematic Design Studies,
for approval by the Owner, the Design Development Documents consist
ing of drawings and other documents to fix and describe the size and
character of the entire Project as to structural, mechanical and electri
cal systems, materials and such other essentials as may be appropriate.
1.1.5 The Architect shall submit to the Owner a further Statement of Prob
able Construction Cost.
CONSTRUCTION DOCUMENTS PHASE
1.1.6 The Architect shall prepare from the approved Design Development
Documents, for approval by the Owner, Drawings and Specifications
setting forth in detail the requirements for the construction of the
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1.1.7
1.1.8
entire Project including the necessary bidding information, and shall
assist in ft, preparation of bidding forms, the Conditions of the Con
tract, and the form of Agreement between the Owner and the Contractor,
The Architect shall advise the Owner of any adjustments to previous
Statements of Probable Construction Cos, indicated by changes in re
quirements or general market conditions.
The Architect shall assist the Owner in filing the required documents
for the approval of governmental authorities having jurisdiction over
the Project.
BIDDING OR NEGOTIATION PHASE
1.1.9 The Architect, following the Owner's approval of the Construction
Documents and of the latest Statement of Probable Construction Cost,
shall assist the Owner in obtaining bids or negotiated proposals, and
in awarding and preparing construction contracts.
CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT
1.1.10 The Construction Phase will commence with the award of the Contract
for Construction and will terminate when final payment to the Con
tractor is due; and in the absence of a final Certificate for Payment
or of such due date, sixty days after the Date of Substantial Completion
of the Work.
1.1.11 The Contract Documents shall consist of the Owner-Contractor Agree
ment, the Conditions of the Contract (General, Supplementary and
other Conditions), the Drawings, the Specifications, and all Addenda
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45
issued prior to and all Modifications issued after execution of the
Contract. Unless the context indicates clearly to the contrary, terms
employed shall have the same meaning as those defined in the 1976
Edition of AIA Document A201, General Conditions of the Contract for
Construction.
1.1.12 The Architect shall provide administration of the Contract for Con
struction as set forth in the 1976 Edition of AIA Document A201,
General Conditions of the Contract for Construction. Unless otherwise
provided, the Architect's duties and responsibilities during con
struction shall be as set forth in the following Subparagraphs 1.1.13
through 1.1.26.
1.1.13 The Architect shall be a representative of the Owner during the Con
struction Phase, and shall advise and consult with the Owner. Instruc
tions to the Contractor shall be forwarded through the Architect. The
Architect shall have authority to act on behalf of the Owner only to
the extent provided in the Contract Documents unless otherwise modi
fied by written instrument in accordance with Subparagraph 1.1.26.
1.1.14 The Architect shall visit the site at intervals appropriate to the stage
of construction or as otherwise agreed by the Architect in writing to
become generally familiar with the progress and quality of the Work
and to determine in general if the Work is proceeding in accordance
with the Contract Documents. However, the Architect shall not be
required to make exhaustive or continuous on-site inspections to check
the quality or quantity of the Work. On the basis of such on-site
37-45
46
observations as an architect, the Architect shall keep the Owner
informed of the progress of the Work, and shall endeavor to guard
the Owner against defects and deficiencies in the work of the Con
tractor .
1.1.15 The Architect shall not be responsible for and shall not have control
or charge of construction means, methods, techniques, sequences
or procedures, or for safety precautions and programs in connection
with the Work. The Architect shall not be responsible for or have
control or charge over the acts or omissions of the Contractor, Sub
contractors, or any of their agents or employees, or any other per
sons performing any of the Work, and shall not be responsible for
the failure of any of them to carry out the Work in accordance with
the Contract Documents.
1.1.16 The Architect shall at all times have access to the Work wherever it
is in preparation or progress.
1.1.17 The Architect shall determine the amounts owing to the Contractor
based on on-site observations and on evaluations of the Contractor's
Applications for Payment, and shall issue Certificates for Payment in
such amounts, as provided in the Contract Documents. The accuracy
of each Application for Payment shall remain the primary responsi
bility of the Contractor, and the Architect may presume it to be
accurate.
1.1.18 The issuance of a Certificate for Payment shall constitute a repre
sentation by the Architect to the Owner, based on the Architect's
observations at the site as provided in Subparagraph 1.1.14 and the
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47
data comprising the Contractor's Application for Payment, that the
Work has progressed to the point indicated; that, to the best of the
Architect's knowledge, information and belief, the quality of the
Work is in accordance with the Contract Documents (subject to an
evaluation of the Work for conformance with the Contract Documents
upon Substantial Completion, to the results of any subsequent tests
required by or performed under the Contract Documents, to minor
deviations from the Contract Documents correctable prior to comple
tion, and to any specific qualifications stated in the Certificate for
Payment); and that the Contractor is entitled to payment in the amount
certified. However, the issuance of a Certificate for Payment shall not
be a representation that the Architect has made exhaustive or continuous
on-site inspections to check the quality or quantity of the Work, has
reviewed the construction means, methods, techniques, sequences or
procedures, or has made any examination to ascertain how and for
what purpose the Contractor has used the moneys paid on account of
the Contract Sum.
1.1.19 The Architect shall be the interpreter of the requirements of the Contract
Documents and the judge of the performance thereunder by both the
Owner and Contractor. The Architect shall render interpretations
necessary for the proper execution or progress of the Work with rea
sonable promptness on written request of either the Owner or the
Contractor, and shall render written decisions, within a reasonable
time, on all claims, disputes and other matters in question between
. 37-47
48
the Owner and the Contractor relating to the execution or progress of
the work or the interpretation of the Contract Documents.
1.1.20 All interpretations and decisions of the Architect shall be consistent
with the intent of and reasonably inferable from the Contract Documents
and shall be in writing or in the form of drawings. In the capacity of
interpreter and judge, the Architect shall endeavor to secure faithful
performance by both the Owner and the Contractor, shall not show
partiality to either, and shall not be liable for the result of any inter
pretation or decision rendered in good faith in such capacity.
1.1.21 The Architect's decisions in matters relating to artistic effect shall be
final if consistent with the intent of the Contract Documents. The
Architect's decisions on any other claims, disputes or other matters,
including those in question between the Owner and the Contractor,
shall be subject to arbitration as provided in the Owner-Architect
Agreement and in the Contract Documents.
1.1.22 The Architect shall have authority to reject Work which does not con
form to the Contract Documents. Whenever, in the Architect's reason
able opinion, it is necessary or advisable for the proper implementation
of the intent of the Contract Documents, the Architect will have authority
to require special inspection or testing of the Work in accordance with
the provisions of the Contract Documents, whether or not such Work be
then fabricated, installed or completed.
1.1.23 The Architect shall review and approve or take other appropriate action
upon Contractor's submittals such as Shop Drawings, Product Data, and
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Samples, but only for conformance with the design concept of the Work
and with the information given in the Contract Documents. Such action
shall be taken with reasonable promptness so as to cause no delay. The
Architect's approval of a specific item shall not indicate approval of
an assembly of which the item is a component.
1.1.24 The Architect shall prepare Change Orders for the Owner's approval
and execution in accordance with the Contract Documents, and shall
have authority to order minor changes in the Work not involving an ad
justment in the Contract Sum or an extension of the Contract Time, and
not inconsistent with the intent of the Contract Documents.
1.1.25 The Architect shall conduct observation, to determine the Dates of
Substantial Completion and final completion, shall receive and forward
to the Owner for the Owner's review written warranties and related
documents required by the Contract Documents and assembled by the
Contractor, and shall issue a final Certificate for Payment.
1.1.26 The extent of the duties, responsibilities, and limitations of authority
of the Architect as the Owner's representative during construction shall
not be modified or extended without written consent of the Owner, the
Contractor and the Architect.
1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.2.1 If the Owner and the Architect agree that more extensive representation
at the site than is described under Subparagraphs 1.1.14 and 1.1.25 shall
be provided, the Architect shall provide one or more Project Representa
tives to assist the Architect in carrying out such responsibilities at the site.
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1.2.2 Such Project Representatives shall be selected, employed and directed
by the Architect, and the Architect shall be compensated therefor as
mutually agreed between the Owner and the Architect as set forth in an
exhibit appended to this Agreement.
1.2.3 The duties, responsibilities and limitations of authority of such Project
Representatives shall be set forth in an exhibit appended to this
Agreement, or in the absence of such exhibit, as set forth in the current
edition of AIA Document B352, Duties, Responsibilities, and Limitations
of Authority of Project Representative.
1.2.4 Through the on-site observations by such Project Representatives, the
Architect shall endeavor to provide further protection for the Owner
against defects and deficiencies in the Work, but the furnishing of
such project representation shall not make the Architect responsible
for construction means, methods, techniques, sequences, or pro
cedures, or for safety precautions and programs, or for the Contractor's
failure to perform the Work in accordance with the Contract Documents.
1.3 ADDITIONAL SERVICES
The following Services shall be provided when authorized in writing
by the Owner, and they shall be paid for by the Owner as hereinbefore
provided.
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1.3.1 Providing analyses of the Owner's needs, and programming the re
quirements of the Project.
1.3.2 Providing financial feasibility or other special studies.
1.3.3 Providing planning surveys, site evaluations, environmental studies
or comparative studies of prospective sites.
1.3.4 Providing design services relative to future facilities, systems and
equipment which are not intended to be constructed as part of the
Project.
1.3.5 Providing services to investigate existing conditions or facilities or to
make measured drawings thereof, or to verify the accuracy of drawings
or other information furnished by the Owner.
1.3.6 Providing Detailed Estimates of Construction Cost or detailed quantity
surveys or inventories of material, equipment and labor.
1.3.7 Providing services for planning tenant or rental spaces.
1.3.8 Making revisions in Drawings, Specifications or other documents
when such revisions are inconsistent with written approvals or in
structions previously given and are due to causes beyond the control
of the Architect.
1.3.9 Making investigations involving detailed appraisals and valuations of
existing facilities, and surveys or inventories required in connection
with construction performed by the Owner.
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52
1.3.10 Providing consultation concerning replacement of any Work damaged
by fire or other cause during construction, and furnishing profess
ional services of the type set forth in Paragraph 1.1 as may be required
in connection with the replacement of such Work.
1.3.11 Providing professional services made necessary by the default of the
Contractor or by major defects in the Work of the Contractor in the
performance of the Construction Contract.
1.3.12 Providing extensive assistance in the utilization of any equipment or
system such as initial start-up or testing, adjusting and balancing,
preparation of operation and maintenance manuals, training personnel
for operation and maintenance, and consultation during operation.
1.3.13 Preparing to serve or serving as an expert witness in connection with
any public hearing, arbitration proceeding or legal proceeding.
1.3.14 Providing services of professional consultants for other than the
normal structural, mechanical and electrical engineering services for
the Project.
1.3.15 Providing any other services not otherwise included in this Agree
ment or not customarily furnished in accordance with generally accept
ed architectural practice.
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full information, including a complete pro
gram, regarding his requirements for the Project.
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2.2 The Owner shall designate, when necessary, a representative author
ized to act in his behalf with respect to the Project. The Owner shall
examine documents submitted by the Architect and shall render de
cisions pertaining thereto promptly, to avoid unreasonable delay in
the progress of the Architect's services.
2.3 The Owner shall furnish a certified land survey of the site giving, as
applicable, grades and lines of streets, alleys, pavements and adjoin
ing property; rights-of-way, restrictions, easements, encroachments,
zoning, deed restrictions, boundaries and contours of the site; locations,
dimensions and complete data pertaining to existing buildings, other
improvements and trees; and full information concerning available
service and utility lines both public and private, above and below
grade, including inverts and depths.
2.4 The Owner shall furnish the services of a soils engineer or other con
sultant when such services are deemed necessary by the Architect, in
cluding reports, test borings, test pits, soil bearing values, percola
tion tests, air and water pollution tests, ground corrosion and resistiv
ity tests and other necessary operations for determining subsoil, air
and water conditions, with appropriate professional recommendations.
2.5 The Owner shall furnish structural, mechanical, chemical and other
laboratory tests, inspections and reports as required by law or the
Contract Documents.
37-53
54
2.6 The Owner shall furnish such legal, accounting, and insurance coun
seling services as may be necessary for the Project, and such audit
ing services as he may require to ascertain how or for what purposes
the Contractor has used the moneys paid to him under the Construction
Contract.
2.7 The services, information, surveys and reports required by Para
graphs 2.3 through 2.6 inclusive shall be furnished at the Owner's
expense, and the Architect shall be entitled to rely upon the accuracy
and completeness thereof.
2.8 If the Owner becomes aware of any default or defect in the Project or
non-conformance with the Contract Documents, he shall give prompt
written notice thereof to the Architect.
2.9 The Owner shall furnish information required of him as expeditiously
as necessary for the orderly progress of the Work.
ARTICLE 3
CONSTRUCTION COST
3.1 If the Construction Cost is to be used as the basis for determining the
Architect's Compensation for Basic Services, it shall be the total cost
or estimated cost to the Owner of all Work designed or specified by the
Architect. The Construction Cost shall be determined as follows, with
precedence in the order listed:
3.1.1 For completed construction, the cost of all such Work, including costs
of managing construction;
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3.1.2 For Work not constructed, (1) the lowest bona fide bid received from
a qualified bidder for any or all of such Work; or (2) if the Work is
not bid, the bona fide negotiated proposal submitted for any or all of
such Work; or
3.1.3 For Work for which no such bid or proposal is received, (1) the latest
Detailed Estimate of Construction Cost if one is available, or (2) the
latest Statement of Probable Construction Cost.
3.2 Construction Cost does not include the compensation of the Architect
and his consultants, the cost of the land, rights-of-way, or other costs
which are the responsibility of the Owner as provided in Paragraphs
2.3 through 2.6 inclusive.
3.3 The cost of labor, materials and equipment furnished by the Owner for
the Project shall be included in the Construction Cost at current market
rates including a reasonable allowance for overhead and profit.
3.4 Statement of Probable Construction Cost and Detailed Cost Estimates
prepared by the Architect represent his best judgment as a design
professional familiar with the construction industry. It is recognized,
however, that neither the Architect nor the Owner has any control over
the cost of labor, materials or equipment, over the contractors1 methods
of determining bid prices, or over competitive bidding or market con
ditions. Accordingly, the Architect cannot and does not guarantee that
bids will not vary from any Statement of Probable Construction Cost or
other cost estimate prepared by him.
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3.5 When a fixed limit, of Construction Cost is established as a condition of
this Agreement, it shall be in writing signed by the parties and shall
include a bidding contingency of ten percent unless another amount is
agreed upon in writing. When such a fixed limit is established, the
Architect shall be permitted to determine what materials, equipment,
component systems and types of construction are to be included in the
Contract Documents, and to make reasonable adjustments in the scope
of the Project to bring it within the fixed limit. The architect may also
include in the Contract Documents alternate bids to adjust the Construc
tion Cost to the fixed limit.
3.5.1 If the Bidding or Negotiating Phase has not commenced within six months
after the Architect submits the Construction Documents to the Owner,
any fixed limit of Construction Cost established as a condition of this
Agreement shall be adjusted to reflect any change in the general level
of prices which may have occurred in the construction industry for the
area in which the Project is located. The adjustment shall reflect changes
between the date of submission of the Construction Documents to the
Owner and the date on which proposals are sought.
3.5.2 When a fixed limit of Construction Cost, including the Bidding contin
gency (adjusted as provided in Subparagraph 3.5.1, if applicable),
is established as a condition of this Agreement and is exceeded by the
lowest bona fide bid or negotiated proposal, the Detailed Estimate of
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Construction Cost or the Statement of Probable Construction cost, the
Owner shall (1) give written approval of an increase in such fixed
limit, within a reasonable time, or (2) cooperate in revising the Pro
ject scope and quality as required to reduce the Probable Construction
Cost. In the case of (2) the Architect, without additional charge, shall
modify the Drawings and Specifications as necessary to bring the Con
struction Cost within the fixed limit. The providing of such service
shall be the limit of the Architect's responsibility in this regard, and
having done so, the Architect shall be entitled to compensation in accord
ance with this Agreement.
ARTICLE 4
DIRECT PERSONNEL EXPENSE
Direct Personnel Expense is defined as the salaries of professional,
technical and clerical employees engaged on the Project by the Architect,
and the cost of their mandatory and customary benefits such as statutory
employee benefits, insurance, sick leave, holidays, vacations, pensions
and similar benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are in addition to the Cpmpensation for Basic
and Additional Services and include actual expenditures made by the
Architect, his employees, or his professional consultants in the interest
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58
of the Project for the expenses listed in the following Subparagraphs:
5.1.1 Fees paid for securing approval of authorities having jurisdiction over
the Project.
5.1.2 Expense of reproductions, postage and handling of Drawings and Speci
fications excluding duplicate sets at the completion of each Phase for
the Owner's review and approval.
5.1.3 Expense of computer time when used in connection with Additional
Services.
ARTICLE 6
PAYMENTS TO THE ARCHITECT
6.1 Payments on account of the Architect's Basic Services shall be made as
follows:
6.1.1 Payments for Basic Services shall be made in proportion to services
performed so that the compensation at the completion of each Phase,
except when the compensation is on the basis of a Multiple of Direct
Personnel Expense, shall equal the following percentages of the total
Basic Compensation:
Schematic Design 15%
Design Development Phase 35%
Construction Documents Phase 75%
Bidding or Negotiation Phase 80%
Construction Phase 100%
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6.2 Payments for Additional Services of the Architect as defined in Para
graph 1.3, and for Reimbursable Expenses as defined in Article 5,
shall be made monthly upon presentation of the Architect's statement of
services rendered.
6.3 No deductions shall be made from the Architect's compensation on ac
count of penalty, liquidated damages, or other sums withheld from
payments to contractors.
6.4 If the Project is abandoned in whole or in part, the Architect shall be
paid his compensation for services performed prior to receipt of written
notice from the Owner of such suspension or abandonment, together
with Reimbursable Expenses then due and all termination expenses as
defined in Paragraph 8.3 resulting from such suspension or abandon
ment.
6.5 Payments due the Architect under this Agreement shall bear interest at
the legal rate commencing sixty days after the date of billing.
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
Records of Reimbursable Expenses and expenses pertaining to Addi
tional Services on the Project and for services performed on the basis
of a Multiple of Direct Personnel Expense shall be kept on a generally
recognized accounting basis and shall be available to the Owner or
his authorized representative at mutually convenient times.
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ARTICLE 8
TERMINATION OF AGREEMENT
8.1 This Agreement may be terminated by either party upon seven days'
written notice should the other party fail substantially to perform in
accordance with its terms through no fault of the party initiating the
termination.
8.2 In the event of termination due to the fault of parties other than the
Architect, the Architect shall be paid his compensation for services
performed to termination date, including Reimbursable Expenses then
due and all termination expenses.
8 .3 Termination Expenses are defined as Reimbursable Expenses directly
attributable to termination, plus an amount computed as a percentage
of the total compensation earned to the time of termination, as follows:
20 percent if termination occurs during the Schematic
Design Phase; or
10 percent if termination occurs during the Design De
velopment Phase; or
5 percent if termination occurs during any subsequent
phase.
ARTICLE 9
OWNERSHIP OF DOCUMENTS
Drawings and Specifications as instruments of service are and shall
remain the property of the Architect whether the Project for which they
are made is executed or not. They are not to be used by the Owner on
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61
other projects or extensions to this Project except by agreement in
writing and with appropriate compensation to the Architect.
ARTICLE 10
{SUCCESSORS AND ASSIGNS
The Owner and the Architect each binds himself, his partners,
successors, assigns and legal representatives to the other party to
this Agreement and to the partners, successors, assigns and legal
representatives of such other party with respect to all covenants of
this Agreement. Neither the Owner nor the Architect shall assign,
sublet or transfer his interest in this Agreement without the written
consent of the other.
ARTICLE 11
ARBITRATION
11.1 All claims, disputes and other matters in question between the parties
to this Agreement, arising out of, or relating to this Agreement or the
breach thereof, shall be decided by arbitration in accordance with the
Construction Industry Arbitration Rules of the American Arbitration
Association then obtaining unless the parties mutually agree otherwise.
No arbitration, arising out of, or relating to this Agreement, shall
include, by consolidation, joinder or in any other manner, any addi
tional party not a party to this Agreement except by written consent
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62
containing a specific reference to this Agreement and signed by all
the parties hereto. Any consent to arbitration involving an addi
tional party or parties shall not constitute consent to arbitration of
any dispute not described therein or with any party not named or
described therein. This Agreement to arbitrate and any agreement
to arbitrate with an additional party or parties duly consented to by
the parties hereto shall be specifically enforceable under the pre
vailing arbitration law.
11.2 Notice of the demand for arbitration shall be filed in writing with
the other party to this Agreement and with the American Arbitra
tion Association. The demand shall be made within a reasonable time
after the claim, dispute or other matter in question has arisen. In
no event shall the demand for arbitration be made after the date
when institution of legal or equitable proceedings based on such claim,
dispute or other matter in question would be barred by the applicable
statute of limitations.
11.3 The award rendered by the arbitrators shall be final, and judgment
may be entered upon it in accordance with applicable law in any court
having jurisdiction thereof.
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ARTICLE 12
EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement
between the Owner and the Architect and supersedes all prior
negotiations, representations or agreements, either written or
oral. This Agreement may be amended only by written instrument
signed by both Owner and Architect.
ARTICLE 13
GOVERNING LAW
Unless otherwise specified, this Agreement shall be governed by
the law of the principal place of business of the Architect.
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NUMBER OR COUNTERPART COPIES
This Contract is executed in four counterparts.
IN WITNESS WHEREOF the parties hereto have made and executed this
Agreement, the day and year first above written.
BOARD OF REGENTS
STEPHEN F . AUSTIN STATE UNIVERSITY
ATTEST:
w
Secretary
President of the Board
KENT, MARSELLOS AND SCOTT
ARCHITECTS-ENGINEERS
By.
37-64
65
77-82
Upon motion of Regent Justice, seconded by Regent Bryce, with all
members voting aye, it was ordered that the preliminary plans and cost
estimate of the renovation of the Birdwell Building and Ag Shop Building
be approved and that the University be authorized to advertise for bids
so as to bring the contract for the work to the October meeting.
Upon motion of Regent Todd, seconded by Regent Powers, with all members
voting aye, it was ordered that Change Order No. 1 adding $2,882.94
to the contract of R. G. Muckleroy Company for the construction of the
Agriculture Building be approved and the Chairman of the Board be
authorized to sign the Change Order.
77-84
Upon motion of Regent Todd, seconded by Regent Powers, with all members
voting aye, it was ordered that Change Order No. 1 on the R. G. Muckleroy
Company contract for the construction of the Greenhouse to add $3,482 be
approved and the Chairman of the Board be authorized to sign the Change
Order.
77-85
Upon motion of Regent Justice, seconded by Regent Cullum, with all
members voting aye, it was ordered that the following budget adjustments
for FY77 be approved:
1. Add $ 4,500 to 1055 Applied Sciences for Minimester 0§M Expenses
2. Add $ 26,000 to 1055 Applied Sciences for Minimester Teaching Salaries
3. Add $ 6,500 to 1204 Building Maintenance for Resurfacing HPE
Synthetic Flooring
4. Add $ 4,000 to 1204 Building Maintenance for Replacing Absorber's
Solution Pump and Motor
5. Add $ 5,000 to 1204 Building Maintenance for Purchasing and
Installing Coxial Cables for Computer Terminals
6. Add $ 1,500 to 1041-
9100 Geography Equipment
7. Add $ 8,500 to 5090 Student Publication for Increased Yearbook Sales
Source of Funds: Items 1,2,3,4,5 and 6 - Education and General Surplus
Item 7 - Sales from Yearbooks
77-86
Upon motion of Regent Justice, seconded by Regent Powers, with all
members voting aye, it was ordered that the University's Annual Operating
Budget for FY78 containing an estimated income of $28,155,333.00 and an
estimated expenditure of $27,548,444.00 be approved as submitted under
separate cover.
37-65
66
77-87
Upon motion of Regent Todd, seconded by Regent Bryce, with all members
voting aye, it was ordered that the current bank depository contracts
with the following banks be extended with the same terms for FY78.
Commercial National Bank - Nacogdoches
Fredonia State Bank - Nacogdoches
Stone Fort National Bank - Nacogdoches
Lufkin National Bank - Lufkin
First Bank & Trust Co. - Lufkin
77-88
Upon motion of Regent Wright, seconded by Regent Justice, with all
members voting aye, it was ordered that any two of the following four
persons be authorized to sign vouchers and checks on all the funds of the
University of fiscal years 1978 and 1979:
Dr. William R. Johnson, President
Mr. C. G. Haas, Vice President for Fiscal Affairs
Mr. Otto Ehrlich, Comptroller
Mr. Travis Whifaker, Business Manager
77-89
Upon motion of Regent Justice, seconded by Regent Wright, with all
members voting aye, it was ordered that Dr. William R. Johnson, President
of the University, be authorized to approve official travel within the
state, or out of the state, for the period September 1, 1977 to August 31,
1979, and in the event of his extended absence, C. G. Haas, Vice President
for Fiscal Affairs, be authorized to approve such travel.
77-90
Upon motion of Regent Cullum, seconded by Regent Justice, with all members
voting aye,.it was ordered that C. G. Haas, Secretary to the Board of
Regents, be authorized to approve travel vouchers of members of the Board
of Regents.
77-91
Upon motion of Regent Justice, seconded by Regent Bryce, with all members
voting aye, it was ordered that the guidelines for the administration of
tuition and scholarships provided from appropriated funds of the 65th
Legislature be approved as follows:
(a) Scholarships are to be awarded annually to students who
have been accepted for enrollment and who actually
enroll in the term or terms for which the scholarship
is awarded.
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(b) The student must not be on probation or suspension
durinj; the term in which the scholarship is awarded.
The student's scholastic performance will be re
viewed each semester.
(c) The amount granted to each student will not exceed
the full tuition fee as provided by law as tuition for
that particular type of student.
77-92
Upon motion of Regent Bryce, seconded by Regent Wright, will all mem
bers voting aye, it was ordered that the University be authorized
to (a) obtain professional engineering assistance for preparing speci
fications on fire detection and alarm systems for the Dormitory 17
building (Gladys E. Steen) and for the Garner Apartments building and
(b) obtain bids for purchasing and installing such equipment to be
considered at the next meeting.
77-93
Upon motion of Regent Todd, seconded by Regent Cullum, with all members
voting aye, it was ordered that the Health and Physical Education
Complex be named for Dr. Lucille Norton, as the "Lucille Norton Health
and Physical Education Complex."
77-94
Upon motion of Regent Bryce, seconded by Regent Wright, with all members
voting aye, it was ordered that the University be authorized to plan the
renovation of the building formerly occupied by the Military Science
Department, to provide for Physical Plant-Maintenance Department Offices
in accordance with the Campus Master Plan so that bids can be taken
to let a contract in the October 1977 Regents' meeting.
77-95
Upon motion of Regent Todd, seconded by Regent Powers, with all members
voting aye, it was ordered that the University be authorized to obtain
architectural-engineering professional assistance in planning the neces
sary structural alterations to provide for access to the ceiling lighting
in the Fine Arts Auditorium, and to bring such plans and estimates of
cost to the next Regents1 meeting.
77-96
Upon motion of Regent Justice, seconded by Regent Todd, with all members
voting aye, it was ordered that the actions taken by the University to
comply with the Judgment No. 947 of the Court of Civil Appeals, Twelfth
Supreme Judicial District of Texas, including payment to the appellant,
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68
Loggins Construction Company, of $44,954.24 ($3.9,500 originally withheld
plus required interest) and payment of court costs of $378.55; be ratified,
and that the Chairman of the Board be authorized to write a letter to
the Attorney General concerning the handling of this case.
77-97
Upon motion of Regent Todd, seconded by All Others, appreciation was
extended to Regent Bryce for his gracious and generous hospitality in
hosting the meeting at Huxley Bay.
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69
77-98
Upon motion of Regent Todd, seconded by Regent Justice, with all members voting
aye, it was ordered that the following curriculum items, approved by the Uni
versity Undergraduate and Graduate Curriculum Committees, be approved:
COURSES ADDED: (Curriculum Committee)
Department and Number
Agriculture 446
Agriculture 480
Biology 471
Biology 472
Computer Science 412
Geography 375
Geography 475
Geology 471
Geology 472
HPE 200
HPE 401
HPE 402
Home Economics 210
Home Economics 478
Mathematics. 464
Music 422
Physics 313
Political Science
School Services 490
Forestry 105L
Forestry 330L
Forestry 337L
Forestry 338L
Forestry 341L
Forestry 344L
Forestry 345L
Forestry 347L
Forestry 350L
Forestry 404L
Forestry 415L
Forestry 425L
Forestry 434L
Forestry 437L
Forestry 450L
Forestry 451L
Forestry 452L
English 130
Title
Advanced Crop Production
Topics in Agriculture
Special Topics in Biology
Special Topics in Biology
Computer Science Practicum
Topics in Geography
Advanced Independent Studies
in Geography
Special Topics in Geology
Special Topics in Geology
Special Studies in Games, Sports,
and Activities
Special Studies in Health Education
Special Studies in Physical Education
Interior Design: An Historical
Approach
Special Topics in Home Economics
Advanced Topics in Undergraduate
Mathematics and Statistics
Instrumental Workshop
Electricity and Mechanics in
Practice
Topics in the Development of American
Public Law
Advanced Rehabilitation Techniques
Engineering Drawing Lab
Advanced Surveying Lab
Forest Fire Control Lab
Management Use of Fire Lab
Wood Adhesives arid Finishes Lab
Forest Entomology Lab
Timber Mechanics Lab
Silviculture Lab
Forest Wildlife Management Lab
Forest Shade Tree Care Lab
Wood Seasoning and Preservation Lab
Wood Chemistry Lab
Soil Fertility Lab
Logging Techniques and Cost
Analysis Lab
Forest Wildlife Habitat Management
Lab
Management of Outdoor Recreation
Areas Lab
Outdoor Recreation Administration Lab
Developmental English
Hours Credit
3
3
3
3
3
3
3
1-4
3
2
3
3
3
3
3
3
3
3
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
3
37-69
COURSES TO BE REVISED: (Curriculum Committee)
70
New Title and Credit
Printmaking 111(3)
Movement Education(3)
Elementary Portuguese(4)
Elementary Portuguese(4)
Selected Topics(1-4)
Clinical Practice in
Social and Rehabilita
tion Services(6)
Clinical Practicum in
Orientation and Mobi
lity^)
High School Theatre
Activities(3)
Engineering Drawing(1)
Solid Wood Products(3)
Advanced Surveying(3)
Forest Fire Control(2)
Management Use of Fire(2)
Wood Adhesives and
Finishes(1)
Forest Entomology(2)
Timber Mechanics(3)
Silviculture(2)
Forest Wildlife Manage
ment (2)
Forest Shade Tree Care(2)
Wood Seasoning and
Preservation(3)
Wood Chemistry(3)
Soil Fertility(2)
Logging Techniques and
Cost Analysis(3)
Forest Wildlife Habitat
Management(2)
Management of Outdoor
Recreation Areas(2)
Outdoor Recreation
Administration(2)
Forest Tree Improvement(3)
37-70
71
COURSES ADDED: (Graduate Council)
Department and Number
Agriculture 446G
Agriculture 580
Biology 471G
Biology 472G
Biology 512
Biology 571
Biology 572
Forestry 504
HPE 501
HPE 502
HPE 503
Home Economics 510
Home Economics 520
Home Economics 523
Home Economics 529
Home Economics 547
Home Economics 560
Home Economics 570
Home Economics 572
Home Economics 574
Physics 534 (A,B)
School Services 450G
* School Services 490G
School Services 501
School Services 509
School Services 510
School Services 540
School Services 570
Sociology 440G
Geology 569
Title
Advanced Crop Production
Topics in Agriculture
Special Topics in Biology
Special Topics in Biology
Field Biology
Special Topics in Biology
Special Topics in Biology
Southern Hardwood Silviculture
Special Studies in Health
Education
Special Studies in Physical
Education
Special Studies in Driver Educa
tion and Traffic Education
Family Economics
The Significance of Dress
Clothing Production Methods
Clothing: Handicapped and Elderly
Adult Education in Home Economics
Laboratory for Home Economics
Research Methods in Home Economics
Topics in Home Economics
Special Studies in Home Economics
Selected Topics
Aphasia
Advanced Rehabilitation Techniques
Communication Disorders
Seminar: Research in Speech
Pathology
Special Studies in Speech and
Hearing
Special Studies in Counseling
Special Studies in Special
Education
Field Methods in Archeology
Seminar in Earth Science for
Teachers
Hours Credit
3
3
3
3
6
3
3
3
3
3
3
3
3
3
3
3
3
3
1-4
3
3
3
3
3
3
6
37-71
72
COURSES TO. BE REVISED: (Graduate Council)
Department and
Number
Biology 507
Computer Science 401
Forestry 409
Forestry 409L
Forestry 441
Forestry 441L
Forestry 455G
Forestry 587
Geology 568
Home Economics 409
Theatre 480G
New Title and Credit
Animal Behavior (3)
Contemporary Topics in
Computer Science (3)
Watershed Management
(2)
Watershed Management
Lab (1)
Forest Photogrammetry
(2)
Forest Photogrammetry
Lab (1)
Forest Tree Improvement
(3)
Seminar (3)
Special Studies in
Geology (1-4)
Applied Nutrition (3)
High School Theatre
Activities (3)
The following low-enrollment courses are reported for the First Summer Term,
1977:
Chemistry 451.01
Chemistry 331.01
Geology 555.01
History 345. 01
Spanish 308.01
8 students
9 students
4 students
9 students
7 students
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73
The next meeting of the Board has been tentatively set for Friday,
November 4, 1977, 2:00 p.m. on the University Campus (in con
junction with Homecoming).
Meeting adjourned at 1:30 p.m.
37-73

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MINUTES OF Board of Regents of Stephen F. Austin State University VOLUME NO. 37 July 30, 1977 Huxley Bay, Texas I N I) H X Minutes of the Meeting Stephen F. Austin State University Board of Regents held in Huxley Bay, Texas July 30, 1977 VOLUME NO. 37 Page 77-66 Approval of April 23, 1977 Minutes 37-2 77-67 Adjustments to the Summer Budget 37-~2 77-68 Changes in Status 37-3 77-69 Faculty and Staff Appointments 37-4 77-70 Resignations 37-8 77-71 Changes in Status 37-10 77-72 Requests for Leave 37-10 77-73 Returns from Leave 37-11 77-74 Retirements 37-11 77-75 Promotion 37-12 77-76 Approval of SFASU Cairous Master Plan Update 37-13 77-77 Architectural Contract - Golemon § Rolfe - Student Health Services Facilities 37-13 77-78 Appointment of Bond Counsel - McCall, Parkhurst § Horton 37-40 77-79 Appointment of Fiscal Advisors - Russ Securities Corp. 37-40 77-80 Approval of Student Health Services Facilities1 Plans 37-40 77-81 Architectural Contract - Kent-Marsellos-Scott - Reno vation Birdwell Building § Ag Shop Building 37-40 77-82 Approval of Renovation of Birdwell Building and Ag Shop Building 37-65 77-83 Approval of Change Order No. 1 - Agriculture Building 37-65 77-84 Approval of Change Order No. 1 - Agriculture Greenhouse 37-65 77-85 Approval of Budget Adjustments 37-65 77-86 Approval of University's Annual Operating Budget for FY78 37-65 77-87 Extension of Bank Depository Contracts 37-66 77-88 Authorization to Sign Checks and Vouchers 37-66 77-89 Approval of Official Travel 37-66 77-90 Approval of Travel Vouchers for Members of the Board of Regents 37-66 77-91 Approval of Guidelines for Administration of Tuition and Scholarships 37-66 77-92 Authorization to Obtain Professional Engineering Assistance (Fire Detection § Alarm Systems for Dormitory 17 and Garner Apartments Buildings) 37-67 77-93 Naming of Building for Dr. Lucille Norton 37-67 77-94 Authorization to Remodel Military Science Building 37-67 ?7-95 Authorization to Obtain Architectural-Engineering Professional Assistance for Ceiling Lighting in ? Fine Arts Building 37-67 77-96 Ratification of Payment to Loggins Construction Company fT Authorization to Write Letter to Attorney General 37-67 77-97 Appreciation Extended to Homer Bryce for Hosting Meeting at Huxley Bay 37-68 77-98 Approval of Curriculum Changes 37-69 MINUTES OF THE MEETING BOARD OF REGENTS STEPHEN F. AUSTIN STATE UNIVERSITY HELD IN HUXLEY BAY, TEXAS July 30, 1977 The meeting was called to order by James I. Perkins, Chairman of the Board of Regents, at 10:00 a.m. July 30, 1977. PRESENT: ABSENT: PRESENT: Members: James I. Perkins of Rusk Walter C. Todd of Dallas Peggy Wedgeworth Wright of Nacogdoches Mrs. George Cullum, Jr. of Dallas Glenn Justice of Dallas Ernest Powers of Carthage Homer Bryce of Henderson Robert C. Gray of Austin Joe Bob Golden of Jasper C. G. Haas, Secretary to the Board Dr. William R. Johnson, President of the University Dr. Billy Joe Franklin, Vice President for Academic Affairs, SFASU Dr. Gordon Beasley, Vice President for Student Affairs, SFASU PRESENT: Visitors: Wilbur Kent (Architect) - Kent-Marsellos-Scott, Lufkin, Texas Harry Harwood (Architect) - Golemon and Rolfe, Houston, Texas Bob Francis, President, Student Government Assoc. 77-66 Upon motion of Regent Todd, seconded by Regent Cullum, with all members voting aye, it was ordered that the minutes of the meeting of April 23, 1977, be approved. 77-67 Upon motion of Regent Wright, seconded by Regent Powers, with all members voting aye, it was ordered that the following adjustments to the summer budget be approved: 1. Division of Applied Arts and Sciences Dr. Ronnie G. Barra, 40, Ph.D. (Louisiana State University), Associate Professor of Health and Physical Education at a salary rate of $3,083 for the First Summer Term, 1977. Ms. Ethel W. Calloway, 37, M.S. (East Texas State University), Instructional Assistant in Secondary Education at a salary rate of $500 (20% time) for the First Summer Term, 1977. Dr. Allen G. Cannon, 53, Ph.D. (University of Texas-Austin), Visiting Professor of Education at a salary rate of $1,100. (20% time) for the First Summer Term, 1977. Ms. Vera G. Graham, 43, M.Ed. (Northwestern State University), Assistant Professor of Secondary Education at a salary rate of $2,500 for the First Summer Term, 1977. Dr. Douglas Prewitt, 42, Ph.D. (Texas A§M University), In structor of Secondary Education at a salary rate of $2,200 for the Second Summer Term, 1977. 2. School of Forestry Mr. Charles K. Phillips, Instructor in Management and Marketing, 50% time at a salary rate of $1,207.85 for the Second Summer Term, 1977. 3. Department of Physics Dr. Donald 0. Pederson, Visiting Professor from the University of Arkansas, 100% time at a salary rate of $1,500 for Summer III (a), 1977. Dr. Charles H. Rogers, Visiting Professor from University of Arkansas, 100% time at a salary rate of $1,500 for Summer III (b), 1977. Dr. Carl Thomas Rutledge, Visiting Professor from University of Arkansas, 100% time at a salary rate of $1,500 for Summer III(c), 1977. 37-2 4. Department of Sociology Dr. David Petty, Instructor of Sociology, 100% time at a salary rate of $2,208.33 for First Summer Term, 1977. Dr. Petty was inadvertently omitted from the summer budget. 77-68 Upon motion of Regent Todd, seconded by Regent Justice, with all members voting aye, it was ordered that the following changes in status for the summer budget be approved: 1. Department of Accounting Dr. Cecil Dollar, Professor of Accounting, from 100% time at a salary rate of $3,541.67 for First Summer Term to 100% for First Summer Term and 100% time for Second Summer Term at a salary rate of $7,083.33 for both terms. Dr. John Whitt, Professor of Accounting and Acting Head of Department, from 100% time for First and Second Summer Terms at a salary rate of $7,250 to 100% time for the First Summer Term only at a salary rate of $3,625.00. 2. Department of Art Mr. Bert Rees, Associate Professor of Art, from 100% teaching during First Summer Term to 100% teaching during Second Summer Term at a salary rate of $3,124.99 for the Second Summer Term, 1977. 3. Department of Chemistry Dr. Bennie F. Walker, Associate Professor of Chemistry, from 100% at a salary rate of $3,300 to 100% at a salary rate of $4,000 for First Summer Term, 1977. This reflects amendment to Robert A. Welch Grant No. AN-7086. 4. Department of English Dr. Barbara Carr, Assistant Professor of English, to 50% teaching for First Summer Term, 1977, at a salary rate of $1,083.33. The 50% additional contingency option has been withdrawn. Ms. Maurice Cecil, Assistant Professor of English, from 100% for Second Summer Term to 50% for First Summer Term at a salary rate of $1,270.83 and 100% for Second Summer Term at a salary rate of $2,541.67. The additional 50% for First Summer Term is necessitated by the withdrawal of Dr. Bruce Roach from the First Summer Term staff. 37-3 Mr. Robert L. Verner, Assistant Professor of English, from 50% to 100% for First Summer Term at a salary rate of $2,333.33. The additional 50% for First Summer Term is necessitated by the withdrawal of Dr. Bruce Roach from the First Summer Term staff. Mr, William Whitescarver, Instructor of English, from 50% to 100% for First Summer Term at a salary rate of $2,333.33. The additional 50% for First Summer Term is necessitated by the withdrawal of Mr. David Howard from the First Summer Term staff. 5. Department of Modern Languages Mr. Manuel Mendoza, Assistant Professor of Modern Languages, from 50% time at a salary rate of $1,312.50 to 100% time at a salary rate of $2,625.00 for"First Summer Term. The additional 50% time is necessitated by the resignation of Dr. Arthur Ramirez. 6. Department of Secondary Education Dr. Bennat Mullen, Professor of Secondary Education and Director, Texas Center for Development of Human Resources, from 95% on Account 7123 and 5% on Account 7100 to 100% on Account 7123 at a salary rate of $32,500 for twelve months, effective July 1-August 31, 1977. 77-69 Upon motion of Regent Bryce, seconded by Regent Todd, with all members voting aye, it was ordered that the following individuals be employed for the positions, dates, and salaries indicated: 1. Admissions Office Mr. Patrick R. Bray, 25, M.A. (Stephen F. Austin State Univer sity), Admissions Counselor at a salary rate of $10,000 for twelve months, effective June 1, 1977 through August 31, 1977. 2. Department of Accounting Mr. Bertin E. Howard, 39, M.B.A. (Lamar Tech University), Instructor (25% time) of Accounting at a salary rate of $1,500 for the Fall Semester, 1977, only. Mr. John Charles McAdams, 32, M.A. (Sam Houston State Univer sity), Instructor of Accounting at a salary rate of $11,000 for nine months, effective Fall Semester, 1977. This is a temporary appointment for the 1977-78 academic year. 37-4 Ms. Terrie Sue Peters, 23, M.B.Hd. (Stephen F. Austin State University), Instructor of Accounting at a salary rate of $11,000 for nine months, effective Fall Semester, 1977. This is a temporary appointment for the 1977-78 academic year. 3. Department of Art Mr. Gary Quitman Frields, 31, M.F.A. (Stephen F. Austin State University), Graduate Intern in Art at a salary rate of $9,000 for nine months, effective Fall Semester, 1977. This is a temporary appointment for the 1977-78 academic year. 4. Department of Biology Dr. Susan Eileen Harwood, 31, Ph.D. (Duke University), Assistant Professor of Biology at a salary rate of $14,000 for nine months, effective Fall Semester, 1977. 5. Department of Communication Mr. Robert Earl Hays, II, 31, M.S. (East Texas State Univer sity), Assistant Professor of Communication at a salary rate of $14,000 for nine months, effective Fall Semester, 1977. 6. Early Childhood Laboratory Ms. Elizabeth Vaughn, 25, B.S.Ed. (Stephen F. Austin State University), Kindergarten Teacher, at a salary rate of $2,400 for three months, effective June 1, 1977 through August 31, 1977. 7. Department of English Ms. Sherry L. Bryant, 27, M.A. (Stephen F. Austin State Uni versity), Graduate Intern in English at a salary rate of $9,000 for nine months, effective Fall Semester, 1977. This is a temporary appointment for the 1977-78 academic year. Ms. Annette Dawson, 38, M.S. (Stephen F. Austin State Uni versity), Instructor of English (50% time) at a salary rate of $2,843.50 for the Fall Semester, 1977, only. Ms. Linda Sue Frame, 27, M.A. (Stephen F. Austin State Uni versity), Graduate Intern in English (75% time) at a salary rate of $6,750 for nine months, effective Fall Semester, 1977. This is a temporary appointment for the 1977-78 academic year. 37-5 Mr. Vincent S. Goetz, 24, M.A. (Stephen F. Austin State ^Zl51^ '-GradUate Intern in English ^ a salary rate of $9,000 for nine months, effective Fall Semester, 1977 This is a temporary appointment for the 1977-78 academic year. Ms. Constance H. Hall, 44, M.A. (Stephen F. Austin State SXr«nSity)' Instructor of English (50%) at a salary rate of $2,500 for the Fall Semester, 1977, only. Ms. Joy E. McLemore, 31, M.A. (Stephen F. Austin State Uni versity), Graduate Intern in English (50% time) at a salary rate of $4,500 for nine months, effective Fall Semester, 1977 This is a temporary appointment for the 1977-78 academic year. Dr. Warren R. True, 31, Ph.D. (University of Tennessee), Visiting Lecturer in English at a salary rate of $7,812 50 for nine months, effective Fall Semester, 1977. (This is a 75% time assignment for the Fall Semester, 1977, at a salary rate of $4,687.50 for the semester, and a 50% time appointment for the Spring Semester, 1978, at a salary rate of $3,125.00 for the semester.) Ms. Janet M. Zacharias, 25, M.A. (Stephen F. Austin State Uni versity), Graduate Intern in English (50% time) at a salary rate of $2,500 for the Fall Semester, 1977, only. 8. Department of Home Economics Dr. Rebecca Raburn, 32, Ed.D. (Oklahoma State University) Assistant Professor of Home Economics at a salary rate of ' $15,000 for nine months, effective Fall Semester, 1977. 9. Department of Mathematics Dr. Donald L. Clark, 29, M.S. (Stephen F. Austin State Uni versity), Graduate Intern in Mathematics at a salary rate of $9,000 for nine months, effective Fall Semester, 1977. 10. Department of Modern Languages Dr. William Myron Davis, 43, Ph.D. (New York University) Assistant Professor of Modern Languages at a salary rate of $16,000 for nine months, effective Fall Semester, 1977. 11. Department of Music Dr. Tyrone Greive, 34, D.M.A. (University of Michigan) Assistant Professor of Music at a salary rate of $14,500 for nine months, effective Fall Semester, 1977. 37-6 Ms. Deborah Thomas, 25, M.M. (North Texas State Uni versity), Instructor of Music at a salary rate of $11,000 for nine months, effective Fall Semester, 1977. 12. Department of Political Science Mr. Jimmy Dale Case, 29, M.A. (Texas Tech University), Instructor of Political Science at a salary rate of $11,000 for nine months, effective Fall Semester, 1977. 13. Department of School Services Dr. Bruce Allen Payette, 31, Ph.D. (University of Arizona) Assistant Professor of School Services at a salary rate of $14,000 for nine months, effective Second Summer Term, 1977. Dr. William F. Weber, 31, Ed.D. (University of Northern Colorado), Assistant Professor of School Services at a salary rate of $15,000 for nine months, effective Fall Semester 1977. 14. Department of Sociology Mr. Michael David Wiatrowski, 29, M.A. (Florida State University), Assistant Professor of Sociology at a salary rate of $13,000-$15,000 for nine months (the higher salary contingent upon completion of the Ph.D. degree), effective Fall Semester 1977. ' 15. Teacher Certification Office Mr. George D. Lindsey, 33, M.S. (East Texas State University), TV Technician-Supervisor at a salary rate of $12,0.00-for twelve months, effective Fall Semester, 1977. 16. University Library Dr. John Boyd Corbin, 42, Ph.D. (University of Oklahoma), Associate Library Director for Technical Services at a salary rate of $21,000 for twelve months, effective Fall Semester, 1977. 17. Office of the Vice President for Academic Affairs Dr. Billy J. Franklin, 37, Ph.D. (University of Texas-Austin), Vice President for Academic Affairs at a salary rate of $37,500 for twelve months, effective August 1, 1977. 37-7 18. University Computer Center Ms. Patsy Reeves, 25, B.S. (Stephen F. Austin State Uni versity) Programmer at a salary rate of $9,800 for twelve months, effective July 11, 1977. 19. Student Affairs Division Dr. John Robert Scott, 57, M.D. (Kansas University), Uni-velsity ^sician for Heal*h and Hospital Services at a salary rate of $30,000 for 10-1/2 months, effective May 1, 1977. 20. Fiscal Affairs Division Mr. James P. Doane, 31, B.S. (Lamar University), Traffic Safety Coordinator, 4-18-77 to Q-^0-77 *+ o n -• - rate of $1,335.00 77-70 Upon motion of Regent Justice, seconded by Regent Powers, with all accepted: '^ ^' * ™ ^^ that the £ollowi"g resignations be 1. Office of the Vice President for Academic Affairs aJ^ t T' LTiS> UI' Vice President for Academic Affairs and Professor of Psychology, effective June 30, 1977. Dr Lewis has accepted a position elsewhere. 2. Department of Accounting Ms. Joy Ann Havran, Instructor of Accounting, effective August 31, 1977. Ms. Havran will enter a doctoral program at the University of Texas-Austin. 3. Department of Health and Physical Education Mr. Joe W. Brittain, Instructor of Men's Health and Physical Education, effective May 31, 1977. Mr. Brittain resigned for personal reasons. 4. Department of Modern Languages Ms. Ricci Mixon, Instructor of Modern Languages, effective May 31, 1977. Ms. Mixon has completed her temporary assignment. Dr. Arthur Ramirez, Assistant Professor of Modern Languages effective May 31, 1977. Dr. Ramirez has accepted employment elsewhere. 37-8 5. Department of Music Mr. Stephen K. Goacher, Assistant Professor of Music ef fective June 12, 1977. Mr. Goacher has accepted employment elsewhere. Ms. Betty Grout, Instructor of Music, effective May 31, 1977. Ms. Grout resigned for personal reasons. 6. Department of School Services Dr. Ida B. Anderson, Assistant Professor of School Services effective August 31, 1977. Dr. Anderson has accepted a position elsewhere. Ms. Joy L. Mahaffey, Instructor of School Services, effective August 31, 1977. Ms. Mahaffey has resigned for personal reasons. 7. Department of Secondary Education Ms. Karoline V. Ayres, Associate Director of Career Education Project, effective June 30, 1977. The Career Education Project ended as of.this date. 8. Department of Sociology Mr. William F. Woodworth, Instructor of Sociology, effective May 13, 1977. Mr. Woodworth has completed his temporary assignment. 9. Teacher Certification Office Mr. Fred L. Dempsey, AV/TV Technician/Supervisor, effective March 31, 1977. Mr. Dempsey resigned for personal reasons. 10. Texas Center for Development of Human Resources Mr. Johnny M. Sanchez, Coordinator for Texas Center, effective June 17, 1977. Mr. Sanchez resigned for personal reasons. 11. University Computer Center Mr. Tom Copeland, Data Control Analyst, effective June 30, 1977. Mr. Copeland has accepted employment elsewhere. 12. Student Affairs Division Ms. Ann Commander, Assistant Clerk for University Postal Services, effective May 13, 1977. Ms. Commander resigned to devote more time to her family. 37-9 10 Dr. Corrine Jones, University Physician for Health and Hospital Services, effective June 30, 1977. Dr. Jones wishes to retire from active practice. Dr. Geoffrey T. Grubb, University Physician for Health and Hospital Services, effective July 5, 1977. Dr. Grubb has accepted an internship at the state mental hospital in Austin to continue his specialized study in psychiatry. 13. Physical Plant Mr. Ted M. Eddings, Planner-Estimator, effective July 15, 1977. Mr. Eddings has accepted another position elsewhere. 77-71 Upon motion of Regent Cullum, seconded by Regent Powers, with all members voting aye, it was ordered that the following changes in status be approved: 1. Department of Sociology Dr. David Lee Petty, Instructor of Sociology, to Assistant Professor of Sociology. Dr. Petty was awarded the Ph.D. degree from Texas ASM University on May 7, 1977 and has been recom mended for promotion by his department head and dean. 2. Fiscal Affairs Division Ms. Sue Evans, from Administrative Secretary for Computer Center to Administrative Assistant/Secretary to the Traffic Safety Coordinator, for the period 5-12-77 to 8-31-77 at a monthly salary rate of $650.00. 77-72 Upon motion of Regent Justice, seconded by Regent Todd, with all members voting aye, it was ordered that the following requests for leave be granted: 1. Department of Computer Science Mr. George W. Dailey, Assistant Professor of Computer Science, effective July 1, 1977 through August 31, 1978. Mr. Dailey will be enrolled full-time in a doctoral program at the Uni versity of Southwestern Louisiana. 2. Department of Elementary Education Ms. Rebecca Ann Sartin, Instructor of Elementary Education, effective September 1, 1977 through May 31, 1978. Ms. Sartin 37-10 11 has requested an extension of her leave in order to complete her doctoral studies at North Texas State University. 3. Department of Mathematics Dr. Russell fi. Brasher, Associate Professor of Mathematics, effective 1977-78 academic year. Dr. Brasher will be engaged full-time in the study of applied mathematics/computer science/ statistics. 77-73 Upon motion of Regent Justice, seconded by Regent Powers, with all members voting aye, it was ordered that the following returns from leave be accepted: 1. Department of Economics and Finance Dr. Chester Lee Allen, Associate Professor of Economics and Finance, effective September 1, 1977. Dr. Allen served as Visiting Professor at Virginia Tech during the 1976-77 academic year. 2. Department of Political Science Dr. Wayne E. Johnson, Associate Professor of Political Science, effective June 1, 1977. Dr. Johnson held a Humanities Fellowship in Residence for College Teachers at Princeton University during the 1976-77 academic year. 3. Department of Sociology Mr. William T. Toney, Jr., Instructor of Sociology, effective September 1, 1977. Mr. Toney has been enrolled in a doctoral program in Criminal Justice at Sam Houston State University. 77-74 Upon motion of Regent Bryce, seconded by Regent Cullum, with all members voting aye, it was ordered that the following retirements be accepted: 1. Department of Health and Physical Education Dr. Alvera Griffin, Professor of Health and Physical Education effective July 1, 1977. 2. Student Affairs Division Mr. Charles E. Spies, Maintenance Supervisor for University Center Administration, effective May 31, 1977. 37-11 12 77-75 Upon motion of Regent Todd, seconded by Regent Justice, with all members voting aye, it was ordered that the following promotion be approved: (This individual has completed requirements for promotion and has been recommended by the department head and dean.) 1. Department of Health and Physical Education Ms. MargeAnn McMillan, from Instructor to Assistant Professor of Health and Physical Education. 37-12 13 77-76 Upon motion of Regent Wright, seconded by Regent Cullum, with all members voting aye, it was ordered that the SFASU Campus Master Plan Update for the years 1977-1990 be approved as submitted under separate cover. 77-77 Upon motion of Regent Justice, seconded by Regent Bryce, with all members voting aye, it was ordered that the architectural contract with Golemon and Rolfe of Houston, Texas, for the design and supervision of the Student Health Service Facilities, be approved and that the Chair man of the Board be authorized to sign the contract. 37-13 14 CONTRACT STATE OF TEXAS COUNTY OF NACOGDOCHES This AGREEMENT made this 30th day of July in the year of Nineteen Hundred and Seventy-seven. BETWEEN STEPHEN F. AUSTIN STATE UNIVERSITY, Nacogdoches County, Texas, the Owner, and GOLEMON & ROLFE, ARCHITECTS 5100 Travis Street Kbuston, Texas, the Architect. It is the intention of the Owner to construct a University Health Service Building on the Stephen F. Austin State University campus, Nacogdoches, Texas, the building to be of approximately 13, 000 gross square feet, hereinafter referred to as the Project. The Owner and the Architect agree as set forth below. 37-14 15 I- The Architect shall provide professional services for the Project in accordance with the Terms and Conditions of this Agreement. II. The Owner shall compensate the Architect, in accordance with the Terms and Conditions of this Agreement, as follows: A.. For the Architect's Basic Services, as described in Paragraph 1. 1 with the exception of periodic visits to the site des cribed in subparagraph 1. 1. 14, compensation shall be the lesser of: 1) The time of the Architect's personnel at a multiple of two and five-tenths (2. 5) times Direct Personnel Expense as defined in Article 4, plus services of professional consultants at the amount billed to the Architect for such services, plus direct expenses of the Architect in connection with the project at the cost to the Architect, or 2) Forty-five thousand eight hundred dollars ($45,800.00). For the Architect's basic services described in subparagraph 1. 1. 14, compensation of three hundred dollars ($300. 00) for each one-day visit. Paragr B. For the Architect's Additional Services, as described in Article 1.3, a sum computed as follows: 37-15 16 1. The time of the Architect's personnel computed at a multiple of two and five-tenths (2. 5) times Direct Personnel Expense as defined in Article 4, plus 2. The services of Professional Consultants at a multiple of one and one-tenth (1.1) times the amount billed to the Architect by the consultants for such services. C. If the scope of the Project is changed materially, the Architect's compensation for professional services, as set forth in Paragraph IIA, shall be adjusted by mutual consent. The compensation set forth in Paragraph IIA will be subject to renegotiation if the services covered by this Agreement have not been completed within eighteen (18) months of the date hereof. D. For the Architect's Reimbursable Expenses,, amounts expended as defined in Article 5. .37-16 17 E. The times and further conditions of payment shall be as described in Article 6. ARTICLE 1 ARCHITECT'S SERVICES 1. 1 BASIC SERVICES The Architect's Basic Services consist of the five phases described below and include normal structural, mechanical, and electrical engineering services. SCHEMATIC DESIGN PHASE 1.1.1 The Architect shall consult with the Owner to ascertain the requirements of the Project and shall confirm such requirements to the Owner. 1.1.2 The Architect shall prepare Schematic Design Studies consisting of drawings and other documents illustrating the scale and relationship of Project components for approval by the Owner. 1.1.3 The Architect shall submit to the Owner a Statement of Probable Construction Cost based on current area, volume or other unit costs. 37-17 18 DESIGN DEVELOPMENT PHASE 1.1-4 The Architect shall prepare from the approved Schematic Design Studies, for approval by the Owner, the Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the entire Project as to structural, mechanical and electrical systems, materials and such other essentials as may be appropriate. 1.1.5 The Architect shall submit to the Owner a further Statement of Probable Construction Cost. CONSTRUCTION DOCUMENTS PHASE 1.1.6 The Architect shall prepare from the approved Design Development Documents, for approval by the Owner, Working Drawings and Specifications setting forth in detail the requirements for the construction of the entire Project, including the necessary bidding information, and shall assist in the preparation of bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and the Contractor. 1.1.7 The Architect shall advise the Owner of any adjustments to previous Statements of Probable Construction Cost indicated by changes in requirements or general market conditions. 37-18 19 1.1.8 The Architect shall assist the Owner in filing the required documents for the approval of governmental authori ties having jurisdiction over the Project. BIDDING OR NEGOTIATION PHASE 1.1.9 The Architect, following the Owner's approval of the Construction Documents and of the latest Statement of Probable Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals, and in awarding and preparing construction contracts. CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 1.1.10 The Construction Phase will commence with the award of the Construction Contract and will terminate when the final Certificate for Payment is issued to the Owner. 1.1.11 The Architect shall provide Administration of the Construction Contract as set forth in Articles 1 through 14 inclusive of the latest edition of ALA Document A201, General Conditions of the Contract for Construction, and the extent of his duties and responsibilities and the limitations of his authority as assigned thereunder shall not be modified without his written consent. 37-19 20 I. 1. 12 The Architect, as the representative of the Owner during the Construction Phase, shall advise and consult with the Owner and all of the Owner's instructions to the Contractor shall be issued through the Architect. The Architect shall have authority to act on behalf of the Owner to the extent provided in the General Conditions unless otherwise modified in writing. 1.1.13 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 1. 1. 14 The Architect shall make periodic visits to the site to familiarize himself generally with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents. On the basis of his on-site observations as an architect, he shall endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. The Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and he shall not be responsible for the Contractors failure to carry out the Work in accordance with the Contract Documents. 37-20 21 1 . 1 . 1 5 ■ Based on such observations at the site and on the Contractor's Applications for Payment, the Architect shall determine the amount owing to the Contractor and shall issue Certificates for Payment in such amounts. The issuance of a Certificate for Payment shall constitute a representation by the Architect to the Owner, based on the Architect's observations at the site as provided in subparagraph 1.1.14 and the data comprising the Application for Payment, that the Work has progressed to the point indicated; that to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests required by the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate for Payment); and that the Contractor is entitled to payment in the amount certified. By issuing a Certificate for Payment, the Architect shall not be deemed to represent that he has made any examination to ascertain how and for what purpose the Contractor has used the moneys paid on account of the Contract Sum. 37-21 22 1.1.16 The Architect shall be, in the first instance, the interpreter of the requirements of the Contract Documents and the impartial judge of the performance thereunder by both the Owner and Contractor. The Architect shall make decisions on all claims of the Owner or Contractor relating to the execution and progress of the Work and on all other matters or questions * related thereto. The Architect's decisions in matters relating to artistic effect shall be final if consistent with the intent of ihe Contract Documents. 1. 1. 17 The Architect shall have authority to reject Work which does not conform to the Contract Documents. Whenever, in his reasonable opinion, he considers it necessary or advisable to insure the proper implementation of the intent of the Contract Documents, he will have authority to require special inspection or testing of any Work in accordance with the provisions of the Contract Documents whether or not such Work be then fabricated, installed or completed. 1. 1. 18 The Architect shall review and approve shop drawings, samples, and other submissions of the Contractor only for con-formance with the design concept of the Project and for compliance with the information given in the Contract Documents, 1. 1. 19 The Architect shall prepare Change Orders. 37-22 23 1. 1.20 The Architect shall conduct inspections to determine the Dates of Substantial Completion and final completion, shall receive and review written guarantees and related documents assembled by the Contractor, and shall issue a final Certificate for Payment. 1. 1.21 The Architect shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of the Contractor's or subcontractors1 agents or employees, or any other persons performing any of the Work. 1 . 2 Omitted 1.3 ADDITIONAL SERVICES If any of the following Additional Services are authorized by the Owner, they shall be paid for by the Owner as hereinbefore provided. 1.3. 1 Providing special analyses of the Owner's needs, and programming the requirements of the Project. 1. 3.2 Providing financial feasibility or other special studies. 1.3.3 Providing planning surveys, site evaluations, or comparative studies or prospective sites. 37-23 24 •• 3.4 Providing design services relative to future facilities, systems and equipment which are not intended to be constructed as part of the Project. 1. 3. 5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other information fur nished by the Owner. 1.3.6 Preparing documents for alternate bids or out-of-sequence services requested by the Owner. 1.3.7 Providing Detailed Estimates of Construction Cost or detailed quantity surveys or inventories of material, equipment and labor. 1.3.8 Providing interior design and other services required for or in connection with the selection of furniture and furnishings. 1.3.9 Providing services for planning tenant or rental spaces. 1.3.10 Making revisions in Drawings, Specifications, or other documents when such revisions are inconsistent with written approvals or instructions previously given and are due to causes beyond the control of the Architect. 1. 3. 11 Making investigations involving detailed appraisals and valuations of existing facilities, and surveys or inventories required in connection with construction performed by the Owner. 37-24 25 1. 3. 12 Providing consultation concerning replacement of any Work damaged by fire or other cause during construction, and furnishing professional services of the type set forth in Paragraph 1. 1 as may be required in connection with the replacement of such Work. 1.3. 13 Providing professional services made necessary by the default of the Contractor or by major defects in the Work of the Contractor in the performance of the Construction Contract. 1. 3. 14 Preparing a set of reproducible record prints of drawings showing significant changes in the Work made during the construction process, based on marked-up prints, drawings and other data furnished by the Contractor to the Architect. 1. 3. 15 Providing extensive assistance in the utilization of any equipment or system such as initial start-up or testing, adjusting and balancing, preparation of operating and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 1. 3. 16 Providing Contract Administration and observation of construction after the Construction Contract Time has been exceeded or extended by more than 30 days through no fault of the Architect. *■ 437-25 26 1.3. 17 Providing services after issuance to the Owner of the final Certificate for Payment. 1.3. 18 Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration proceeding or legal proceeding. 1. 3. 19 Providing services of professional consultants for other than the normal structural, mechanical and electrical engineering services for the Project. 1. 3.20 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 1.3.21 Providing drawings and/or other documents for foundation redesign due to unforeseen conditions or for major changes in partition layout or space usage. 1.3.22 Preparing drawings and/or other documents as may be required by governmental authorities, private utility com panies, or other outside parties, which are in addition to the normal contract documents required to obtain a bona fide Contractor's bid for the construction of this Project. 1.3.23 Providing consultation in the determination of liquidated damages due from the Contractor in the event that the conditions warrant such action. 37-26 27 ARTICLE 2 THE OWNER'S RESPONSIBILITIES 2. 1 The Owner shall provide full information regarding his requirements for the Project. 2.2 The Owner shall designate, when necessary, a rep resentative authorized to act in his behalf with respect to the Project. The Owner or his representative shall examine docu ments submitted by the Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect's work. 2. 3 The Owner shall furnish a certified land survey of the site giving, as applicable, grades and lines of streets, alleys, pavements and adjoining property; rights-of-way, restric tions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and complete data pertaining to existing buildings, other improve ments and trees; and full information concerning available service and utility lines both public and private, above and below grade, including inverts and depths. 2.4 The Owner shall furnish the services of a soils engineer or other consultant when such services are deemed necessary by the Architect, including reports, test borings, test 37-27 28 pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests and other necessary operations for determining subsoil, air and water conditions, with appropriate professional interpretations thereof. 2.5 The Owner shall furnish structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law or the Contract Documents. 2.6 The Owner shall furnish such legal, accounting, and insurance counselling services as may be necessary for the Project, and such auditing services as he may require to ascertain how or for what purposes the Contractor has .used the moneys paid to him under the Construction Contract. 2.7 The services, information, surveys and reports required by Paragraphs 2. 3 through 2. 6 inclusive shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 2.8 If the Owner observes or otherwise becomes aware of any fault or defect in the Project or non-conformance with the Contract Documents, he shall give prompt written notice thereof to the Architect. 37-28 29 2.9 The Owner shall furnish information required of him as expeditiously as necessary for the orderly pro gress of the Work. ARTICLE 3 CONSTRUCTION COST 3. 1 The Construction Cost shall be the total cost or estimated cost to the Owner of all Work designed or specified, by the Architect, and shall be determined as follows, with precedence in the order listed: 3.1.1 For completed construction, the total cost of all such Work. 3.1.2 For Work not constructed, (1) the lowest bona fide bid received from a qualified bidder for any or all of such Work, or (2) if the Work is not bid, the bona fide negotiated proposal submitted for any or all of such Work; or 3.1.3 For Work for which no such bid or proposal is received, (1) the latest Detailed Estimate of Construction Cost if one is available, or (2) the latest Statement of Probable Construction Cost. ,37-29 30 3.2 Construction Cost does not include the compen sation of the Architect and consultants, the cost of the land, rights-of -way , or other costs which are the responsibility of the Owner as provided in Paragraphs 2. 3 through 2. 6 in clusive. 3. 3 Labor furnished by the Owner for the Project shall be included in the Construction Cost at current market rates including a reasonable allowance for overhead and profit. Materials and equipment furnished by the Owner shall be included at current market prices, except that used materials and equipment shall be included as if pur chased new for the Project. 3.4 Statements of Probable Construction Cost and Detailed Cost Estimates prepared by the Architect represent his best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has any control over the cost of labor, materials or equipment, over the contractors' methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, the Architect cannot and does not guarantee that bids will not vary from any Statement of Probable Construction Cost or *37-3'0 31 other cost estimate prepared by him. 3. 5 When a fixed limit of Construction Cost is established as a condition of this Agreement, it shall include a bidding contingency of ten percent unless another amount is agreed upon in writing. When such a fixed limit is established, the Architect shall be permitted to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, and to make reasonable adjustments in the scope of the Project to bring it within the fixed limit. The Architect may also include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. 3. 5. 1 If the lowest bona fide bid or negotiated proposal, the Detailed Cost Estimate or the Statement of Probable Construction Cost exceeds such fixed limit of Construction Cost (including the bidding contingency) established as a con dition of this Agreement, the Owner shall (1) give written approval of an increase in such fixed limit, (2) authorize rebidding the Project within a reasonable time, or (3) cooperate in revising the Project scope and quality as required to reduce the Probable Construction Cost. In the case of (3) 37-31 32 the Architect, without additional charge, shall modify the Drawings and Specifications as necessary to bring the Construction Cost within the fixed limit. The providing of such service shall be the limit of the Architect's respon sibility in this regard, and having done so, the Architect shall be entitled to compensation in accordance with this Agreement. ARTICLE 4 DIRECT PERSONNEL EXPENSE 4. 1 Personnel engaged on the Project by the Architect includes architects, engineers, designers, job captains, draftsmen, specification writers and typists, in consultation, research and design, in producing Drawings, Specifications and other documents pertaining to the Project, and in services during construction at the site. 4.2 Direct Personnel Expense includes cost of salaries and of mandatory and customary benefits such as statutory employee benefits, insurance, sick leave, holidays and vaca tions, pensions and similar benefits. 37-32 33 ARTICLE 5 REIMBURSABLE EXPENSES 5. 1 Reimbursable Expenses are in addition to the Com pensation for Basic and Additional Services and include actual expenditures made by the Architect, his employees, or his professional consultants in the interest of the Project for the expenses listed in the following Subparagraphs: 5. 1. 1 Expense of transportation and living when traveling in connection with the Project except travel to and from the Architect's or Professional Consultant's office and the project site; and fees paid for securing approval of authorities having jurisdiction over the Project. 5. 1.2 Expense of reproductions for bidding purposes, postage and handling of Drawings and Specifications to Contractor. 5. 1. 3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates and expense of renderings or models for the Owner's use. 5. 1.4 Expense of computer time when used in connection with Additional Services. 37-33 34 ARTICLE 6 PAYMENTS TO THE ARCHITECT 6. 1 Payments on account of the Architect's Compensa tion shall be made as follows: 6. 1. 1 Payments of the Stipulated Sum as provided in Paragraph IIA shall be made monthly in proportion to services performed so that the total payments on account of the Stipulated Sum at the completion of each Phase of the Architect's Services shall equal the following percentages: